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ILIBRARY OF CONGRESS. 






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UNITED STATES OF AMERICA. 



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CONSTITUTION 



OF THE 



STATE OT SOUTH CAROLINA 



AND T H : 



ORDINANCES. REPORTS AND RESOLUTIONS 



ADOPTED BY THE 



CONVENTION OF THE PEOPLE. 



HELD IN COLUMBIA, S. C. SEPTEMBER, 1865 






PRINTED BY OBDEK OF THE LEGISLATURE. 



COLUMBIA, S. i. : 

JULIAN A. SELBY. PKINTEB TO THE STATE. 
I860. 



fK^V- 



CONSTITUTION. 



We, the people of the State of South Carolina, by our Delegates in Convention A « D> 1865 - 
met, do ordain and establish this Constitution for the Government of the said v — ^v"*^ 
State: 

AETICLE X 

Section 1. The Legislative authority of this State shall be vested in a Legislative 
General Assembly, which shall consist of a Senate and a House of Kepre- authority, 
sentatives. 

Section 2. The House of Eepresentatives shall be composed of members Kepresenta- 
chosen by ballot, every second year, by the citizens of this State, qualified fry® 8 . hoir and 
as in this Constitution is provided. 

Section 3. Each Judicial District in the State shall constitute one Elec- Election Dis- 
tion District, except Charleston District, which shall be divided into two tricts. 
Election Districts; one consisting of the late Parishes of St. Philip and St. 
Michael, to be designated the Election District of Charleston; the other 
consisting of all that part of the Judicial District which is without the 
limits of the said Parishes, to be known as the Election District of 
Berkeley. 

Section 4. The boundaries of the several Judicial and Election Districts Boundaries, 
shall remain as they are now established. 

Section 5. The House of Representatives shall coLsist of one hundred 
and twenty-four members, to be apportioned among the several Election of membersof 
Districts of the State, according to the number of white inhabitants con- House of Bep- 
tained in each, and the amount of all taxes raised by the General Assem- resentatives. 
bly, whether direct or indirect, or of whatever species, paid in each, 
deducting therefrom all taxes paid on account of proj)erty held in any other 
District, and adding thereto all taxes elsewhere paid on account of property 
held in such District. An enumeration of the white inhabitants, for this 
jDurpose, was made in the year one thousand eight hundred and fifty-nine, of^^jte* in^ 
and shall be made in the course of every tenth year thereafter, in such habit ants— 
manner as shall be by law directed; and Representatives shall be assigned when made, 
to the different Districts in the above-mentioned proportion, by Act of the 
General Assembly at the session immediately succeeding every enumera- 
tion : Provided, " That until the apportionment, which shall be made upon 
the next enumeration, shall take effect, the representation of the several Provls:) aiito 
Election Districts, as herein constituted, shall continue as assigned at the 
last apportionment, each District which has been heretofore divided into 
smaller Districts, known as Parishes, having the aggregate number of 
Representatives which the Parishes heretofore embraced within its limits 
have had since that apportionment, the Representative to which the Parish 



6 CONSTITUTION. 

A. D. 186a. £ jyj Saints has been heretofore entited, being, during this interval, 

v r ' assigned to Horry Election District. 

Governor to Section 6. If the enumeration herein directed shall not be made in the 

have made. CO urse of .the year appointed for the purpose, it shall be the duty of the 

Governor to have it effected as soon thereafter as shall be practicable. 

Section 7. In assigning Kepresentatives to the several Districts, the 

^ rtion _ General Assembly shall allow one Eepresentative for every sixty-second 

ment of Repre- part of the whole number of white inhabitants in the State, and one Rep- 

sentatives. resentative, also, for every sixty-second part of ,^the whole taxes raised by 

the General Assembly. There shall be further allowed one Representative 

for such fractions of the sixty-second part of the white inhabitants, and of 

the sixty-second part of the taxes as, when added together, form a unit. 

Section 8. All taxes upon property, real or personal, shall be laid upon 

Taxes on the actual value of the property taxed, as the same shall be ascertained by 

property, bow an assessment made for the purpose of laying such tax. In the first appor- 

* aid - tionment which shall be made under this Constitution, the amount of 

taxes shall be estimated from the average of the two years next preceding 

such apportionment; but in every subsequent apportionment, from the 

average of the ten years then next preceding. 

Section 9. If, in the apportionment of Representatives, any Election 
■ Eac £>- f^ ec l district shall appear not to be entitled, from its population and its taxes, 
s'°all have 1 at *° a K e P rese ntative, such Election District shall nevertheless send one Rep- * 
least one Rep- resentative; and if there be still a deficiency of the number of Repre- 
resentative. sentatives required by section fifth, such deficiency shall be supplied by 
assigning Representatives to those Election Districts having the largest 
surplus fractions, whether those fractions consist of a combination of 
population and taxes, or of population or taxes separately, until the 
number of one hundred and twenty-four members be made up : Provided, 
Proviso. however, That not more than twelve Representatives shall, in any appor- 
tionment, be assigned to any one Election District. 
Apportion- Section 10. No apportionment of Representatives shall be construed to 
ment, when to take effect, in any manner, until the general election which shall succeed 
take effect. such apportionment. 

Section 11. The Senate shall be composed of one member from each 
Senate how Election District, except the Election District of Charleston, to which 
composed. ' shall be allowed two Senators. 

Section 12. Upon the meeting of the first General Assembly which 
shall be chosen under the provisions of this Constitution, the Senators 
shall be divided, by lot, into two classes ; the seats of the Seaators of the 
Senate di- one c i ass to be vacated at the expiration of two years after the Monday 
classe^how! following the general election, and of those of the other class at the expi- 
ration of four years ; and the number of these classes shall be so propor- 
tioned that one-half of the whole number of Senators may, as nearly as 
possible, continue to be chosen thereafter every second year. 
Qualification Section*13. No person shall be eligible to, or take or retain, a seat in the 
of members of House of Representatives, unless he is a free white man, who hath attained 
resentatfves P ~ tne a & e °^ twenty-one years, hath been a citizen and resident of this State 
three years next preceding the day of election, and hath been for the last 
six months of this time, and shall continue, a resident of the District 
which he is to represent. 
Qualification Section 14. No person shall be eligible to, or take or retain, a seat in the 
of members of Senate, unless he is a free white man, who hath attained the age of thirty 
the Senate. vearS) hath been a citizen and resident of this State five years next pre- 
ceding the day of election, and hath been, for the last six months of this 
time, and shall continue to be, a resident of the District which he is to 
represent. 






. CONSTITUTION. 7 

Section 15. Senators and members of the House of Representatives A ' D * 1 ^ 35 *- 
shall be chosen at a general election on the third Wednesday in October in v r - ' 
the present year, and on the same day in every second year thereafter, in Members of 
such manner and for such terms of office as are herein directed. They ^,g em ^ e ^ ^ 
shall meet on the fourth Monday in November, annually, at Columbia, c hosen and 
(which shall remain the seat of Government, until otherwise determined when. Where 
by the concurrence of two-thirds of both branches of the whole represen- and when to. 
tation,) unless the casualties of war or contagious disorders shall render it meet - 
unsafe to meet there ; in either of which cases, the _ Governor, or Coni- 
mander-in-Chief, for the time being, may, by proclamation, appoint a 
more secure and convenient place of meeting. 

Section. 16. The terms of office of the Senators and Representatives Terms of of _ 
chosen at a general election shall begin on the Monday following suchfi ce . 
election. 

Section 17. Each House shall judge of the elections, returns and quali- dumber of 
fications of its own members ; and a majority of each House shall consti- members to do 
tute a quorum to do business ; but a smaller number may adjourn from business. 
day to day, and may be authorized to compel the attendance of absent 
members, in such manner and under such penalties as may be provided 
by law. 

Section 18. Each House shall choose its own officers, determine its rules E ^ c ^ Ho . us ^ 
of proceeding, punish its members for disorderly behavior, and, with the itg rmes f 
concurrence of two-thirds, expel a member, but not a second time for the proceeding, 
same' cause. 

Section 19. Each House may punish, by imprisonment, during its p ower f 
sitting, any person, not a member, who shall be guilty of disrespect to the each House to 
House by any disorderly or contemptuous behavior in its presence; or punish for con- 
who, during the time of its sitting, shall threaten harm to body or estate tempt, etc. 
of any member for anything said or done in either House, or who shall 
assault any of them therefor, or who shall assault or arrest any witness or 
other person ordered to attend the House, in his going thereto, or return- 
ing therefrom, or who shall rescue any person arrested by order of the 
House. 

Section 20. The members of both Houses shall be protected in their Privileges of 
persons and estates during their attendance on, going to, and returning *b em ^tuj!? 
from, the General Assembly, and ten days previous to the sitting, and ten 
days after the adjournment thereof. But these privileges shall not be 
extended so as to protect any member who shall be charged with treason, 
felony or breach of the peace. 

Section 21. Bills for raising a revenue shall originate in the House of 
Representatives, but may be altered, amended or rejected by the Senate ; Bi g R e J t ° n u e 
and all other bills may originate in either House, and may be amended, 
altered or rejected b} T the other. 

Section 22. Every Act or Resolution having the force of law shall relate Acts having 
to but one subject, and that shall be expressed in the title. force of law - 

Section. 23. No Bill shall have the force of law until it shall have been B .,, , 
read three times, and on three several days, in each House, has had the ttie x for c * J 
seal of the State affixed to it, and has been signed in the Senate House by law. 
the President of the Senate and the Speaker of the House of Representa- 
tives. 

Section 24 No money shall be drawn out of the Public Treasury but Money— how 
by the legislative authority of the State. drawn. " 

Section 25. In all elections by the General Assembly, or either House 
thereof, the members shall vote "viva voce,'" and their votes, thus given, All voting to 
shall be entered upon the journals of the House to which they resxDectively '^ e viva voce - 
belong. 

Section 26. The members of the General Assembly, who shall meet 



CONSTITUTION. 

under this Constitution, shall be entitled to 

Treasury, for their expenses during their attendance on, going to, and 



under this Constitution, shall be entitled to receive out of the Public 



ti<m 01 oFmem" returnill & from ' the General Assembly, five dollars for each day's attendance. 

bers of Gene- an( * tw ent y cents for every mile'of the ordinary route of travel between 

ral Assembly, the residence of the member and the capital or other place of sitting of 

the General Assembly, both going and returning; and the same may be 

increased or diminished by law, if circumstances shall require; but no 

Alteration, alteration shall be made to take effect during the existence of the General 

Assembly which shall make such alteration. 
. , . Sectiok 27. Neither House, during the session of the General Assemblv. 

ment of either sha11 ' ^ tnout tne consent of the other, abjourn for more than three davV 
House. n . or to any other place than that in which the Assembly shall be at the 

time sitting. 
Who shall Sect ? on 28- No person shall be eligible to a seat in the General Assem- 
not be eligible ^7 whilst he holds any office of profit or trust under this State, the United 
to a seat in the States of America, or any of them, or under anv other power, except 
? en bTv al A8 ~ officers ™ the MjEtia. arm 7 or navy of this State, Magistrates, or Justices 
sera j. f inferior Courts, while such Justices receive no salaries; nor shall any 

contractor of the army or navy of this State, the United States of America', 
or any of them, or the agents of such contractor, be eligible to a seat in 
either House. And if any member shall accept or exercise any of the said 
disqualifying offices, he shall vacate his seat. 
^filW? 65- Section 29. If any Election District shall neglect to choose a member 
ow e or members on the day of election, or if any person chosen a member of 

either House shall refuse to qualify and take his seat, or shall resign, die, 
depart the State, accept any disqualifying office, or become otherwise dis- 
qualified to hold his seat, a writ of election shall be issued by the President 
of the Semite, or Speaker of the House of Representatives, as the case 
may be, for the purpose of filling the vacancy thereby occasioned, for the 
remainder of the term for which the person so refusing to qualify, resign- 
ing, dying, departing the State, or becoming disqualified, was elected to 
serve, or the defaulting Election District ought to have chosen a member 
or members. 
Clergymen Section 30. And whereas the ministers of the GosjDel are, by their \ 
excluded. fession, dedicated to the service of God and the cure of souls, and ought 
not to be diverted from the great duties of their functions; therefore, no 
minister of the Gospel, or jDublic preacher of any religious persuasion. 
whilst he continues in the exercise of his pastoral functions, shall be 
eligible to the omce of Governor, L: - Governor, or to a seat in 

the Senate or House of Representatives. 

ARTICLE H. 

Executive Section 1. The Executive authority of this State shall be vested i 
authority. Chief 1 haD be styled the Governor of the State of H 

Carolina. 
Governor— Section 2. The Governor shall be elected by the electors duly qualified 
term of office, to vote for members of the House of Representatives, and shall hold his 
how chosen, office for four years, and until his successor shall be chosen and qualified;. 
but the same person shall not be Governor for two consecutive terms. 
Qualification Section 3. No person shall be eligible to the office of Governor, unless 
of Governor, he hath attained the age of thirty years, and hath been a citizen and resi- 
dent of this State for the ten years next preceding the day of election. 
And no person shall hold the office of Governor, and any other office or 
commission, civil or military, (except in the Militia.) under this State or 
the United States, or any of them, or any other power, at one and the 
same time. 

Section 4. The returns of every election of Governor shall be sealed up 



CONSTITUTION. 9 

by tlie Managers of Elections in their respective Districts, and transmitted, A# - Dl 1865> 

"by a messenger chosen by them, to the seat of Government, directed to v 1 ' 

the Secretary of State, who shall deliver them to the Speaker of the House Election o f 
of Representatives, at the next ensuing session of the General Assembly; Governor, 
during the first week of which session the Speaker shall open and publish 
them in the presence of both Houses of the General Assembly. The per- 
son having the highest number of votes shall be Governor; but if two or 
more shall be equal and highest in votes, the General Assembly shall, 
during the same session, in the House of Representatives, choose one of 
them Governor viva voce. Contested elections for Governor shall be deter- Cont e s t e d 
mined by the General Assembly in such manner as shall be prescribed by electlons - 
law. 

Section 5. A Lieutenant-Governor shall be chosen at the same time, in Lieutenant- 
the same manner, continue in office for the same period, and be possessed Governor, how 
of the same qualifications as the Governor, and shall ex officio be President 
of the Senate. 

Section 6. The Lieutenant-Governor, acting as President of the Senate, Novate, un- 

shall have no vote, unless the Senate be equally divided. divided! 5 6 & 

Section 7. The Senate shall choose a President pro tempore to act in the g ena ^ e p re . 

absence of the Lieutenant-Governor, or when he shall exercise the office sident of pro 

of Governor. j tempore. 

Section 8. A member of the Senate, or of the House of Representatives, Membe r of 
being chosen, and acting as Governor or Lieutenant-Governor, shall there- Gener al A s- 
upon vacate his seat, and another person shall be elected in his stead. ernor etc G ° T ~ 

Section 9. In case of the impeachment of the Governor, or his removal ' 

from office, death, resignation, disqualification, disability, or removal from Gover n o r— 
the State, the Lieutenant-Governor shall succeed to his office; and in case vacancy of, 
of the impeachment of the Lieutenant-Governor, or his removal from now filled. 
office, death, resignation, disqualification, disability, or removal from the President pro 
State, the President pro tempore of the Senate shall succeed to his office; tem - °f Senate 
and when the offices of the Governor, Lieutenant-Governor and President as Governor. 
pro tempore of the Senate shall become vacant in the recess of the Senate, 
the Secretary of State, for the time being, shall, by proclamation, convene 
the Senate, that a President pro tempore may be chosen to exercise the 
office of Governor for the unexpired term. , 

Section 10. The Governor shall ba Commander-in-Chief of the Army . c °mrnander- 
and Navy of this State, and of the Militia, except when they shaU be called mv and navy 1 '" 
into the actual service of the United States. 

Section 11. He shall have power to grant reprieves and pardons after 
conviction, (except in cases of impeachment,) in such manner, on sucii m S.° J r anfre- 
terms 1 and under such restrictions as he shall think proper, and he shall prieves, etc. 
have power to remit fines and forfeitures, unless otherwise directed by law. 
It shall be his duty to report to the General Assembly at the next regular 
session thereafter all pardons granted by him, with a full statement of each 
case and the reasons moving him thereunto. 

Section 12. He shall take care that the laws be faithfully executed in Execute laws 
mercy. m me rcy. 

• Section 13. The Governor and Lieutenant-Governor shall, at stated Pa y of Gov- 
times, receive for their services a compensation which shall be neither £* '° u °te ^ant- 
increased nor diminished during the period for which they shall have been Governor. ' 
elected. 

Section 14. All officers in the Executive Department, when required by Exe c u t i y e 
the Governor, shall give him information in writing upon any subject officers, duties 
relating to the duties of their respective offices. of - 

Section 15. The Governor shall, from time to time, give to the General Governor to 
Assembly information of the condition of the State, and recommend to ». ive informa- 
their consideration such measures as he shall judge necessary or expedient. r\T Assembly" 



10 . CONSTITUTION. 

A. D. K6o. Section 16. He may, on extraordinary occasions, convene the General 

*■— "'V*-'' Assembly, and should either House remain without a quorum for three 

General As- days, or in case of disagreement between the two Houses with respect to 

ern^r ' ^*° Y ~ the time of adjournment, may adjourn them to such time as he shall think 

convene etc. " proper, not beyond the fourth Monday of November then next ensuing. 

Commissions. Section 17. He shall commission all officers of the State. 

Section 18. It shall be the duty of the Managers of Elections of this 
Managers of State, at the first general election under this Constitution, and at each 
Elections, cm- alternate general election thereafter, to hold an election for Governor and 
ties of. Lieutenant-Governor. 

^ Governor to Section 19. The Governor and the Lieutenant-Governor, before entering 

oatn o U p 0n tkg clutfes of their respective offices, shall, in the presence of the 

General Assembly, take the oath of office prescribed in this Constitution. 

Section 20. The Governor shall reside, during the sitting of the General 

- ^Assembly, at the place where its session may be held ; and the General 

Assembly may, by law, require him to reside at the Capital of the State. 

Section 21. Every Bill which shall have passed the General Assembly, 

b o 6 a ?aw s - a ^' before it become a law, be presented to the Governor ; if he aj)prove, 

m be pre- ne snau s ig n i* 5 but if not, he shall return it, with his objections, to that 

: ;1 to Gov- House in which it shall have originated, who shall enter the objections at 

ernor for ap- large on their Journal, and proceed to reconsider it. If after such recon- 

proval. sideration a majority of the whole representation of that House shall agree 

to pass the Bill, it shall be sent, together with the objections, to the other 

House, by which it shall likewise be reconsidered, and if approved by a 

majority of the whole representation of that other House, it shall become 

a law. But in all such cases the votes of both Houses shall be determined 

by yeas and nays, and the names of the persons voting for and against the 

Bill shall be entered on the Journal of each House respectively. If any 

Bill shall not be returned by the Governor within two days (Sundays 

excepted) after it shall have been presented to him, the same shall be a law 

in like manner as if he had signed it. And, that time may always be 

allowed the Governor to consider Bills passed by the General Assembly, 

neither House shall read any Bill on the last day of its session, except 

such Bills as have been returned by the Governor as herein provided. 



d i c i a r " 



ARTICLE HI. 

Section 1. The judicial power shall be vested in such Superior and 
ourts'ofLaw I^^or Courts of Law and Equity as the General Assembly shall, from 

and Equity. " time to time, direct and establish. The Judges of the Superior Courts 
shall be elected by the General Assembly, shall hold their offices during 
good behavior, and shall, at stated times, receive a compensation for their 
services, which shall neither be increased nor diminished during their con- 
tinuance in office ; but they shall receive no fees or perquisites of office, 
nor hold any other office of profit or trust under this State, the United 
States of America, or any of them, or any other power. The General 
Assembly shall, as soon as possible, establish for each District in the State 
Di s t r i c t an Inferior Court or Courts, to be styled "The District Court," the Judge 

Courts, Judges whereof shall be resident in the District while in office, shall be elected by 

of - the General Assembly for four years, and shall be re-eligible, which Court 

shall have jurisdiction of all civil causes wherein one or both of the parties 
are persons of color, and of all criminal cases wherein the accused is a 
person of color; and the General Assembly is empowered to extend the 
jurisdiction of the said Court to other subjects. 
Court s of Section 2. The Judges shall meet and sit at Columbia, at such time as 

Appeal. ^he General Assembly may by Act prescribe, for the purpose of hearing 

and determining all motions for new trials and in arrest of judgment, and 
such points of law as may be submitted to them, and the General Assem- 



CONSTITUTION. 11 

bly may by Act appoint such other places for such meeting as in their dis- A * D- 1865 ' 
cretion may seem fit. v * ' 

Section 3. The style of all processes shall be "The State of South Style of pro- 
Carolina." All prosecutions shall be carried on in the name and by the cess * 
authority of the State of South Carolina, and conclude, ' 'against the peace 
and dignity of the same." 

ARTICLE IY. 

Section 1. In all elections to be made by the people of this State, or 
of any part thereof, for civil or iDolitical offices, every person shall be qu a 1 i fi c a- :i 
entitled to vote who has the following qualifications, to wit: He shall ^ ons f voters 
be a free white man, who has attained the age of twenty-one years, and in all elections 
is not a pauper, nor a non-commissioned officer or private soldier of the made by the 
army, nor a seaman oy marine of the navy of the United States. He 
shall, for the two years next preceding the day of election, have been a 
citizen of this State ; or, for the same period, an emigrant from Europe, 
who has declared his intention to become a citizen of the United States. 
according to the Constitution and Laws of the United States. He shall 
have resided in this State for at least two years next preceding the day of 
election, and, for the last six months of that time, in the District in which 
he offers to vote: Provided, hoicever, That the General Assembly may, by 
requiring a registry of voters, cr other suitable legislation, guaid against 
frauds in elections and usurpations of the right of suffrage; may impose 
disqualification to vote as a punishment for crime, and may prescribe 
additional qualifications for voters in municipal elections. 

ARTICLE V. 

Section 1. All persons who shall be elected or appointed to any office 
of profit or trust, before entering on the execution thereof, shall take 
(besides special oaths, not repugnant to this Constitution, prescribed by 0atn oi of ~ 
the General Assembly,) the following oath : "I do swear (or affirm) that I 
am duly qualified, according to the Constitution of this State, to exercise 
the office to which I have been appointed, and that I will, to the best of 
my ability, discharge the duties thereof, and preserve, protect and defend 
the Constitution of this State, and that of the United States. So help 
me God." 

ARTICLE YI. 

Section 1. The House of Representatives shall have the sole power of House of Re- 
impeacning, but no impeachment shall be made, unless with the concur- presentativ es 
rence of two-thirds of the House of Representatives. shall impeach. 

Section 2. All impeachments shall be tried by the Senate. When g ena t e shall 
sitting for that purpose, the Senators shall be on oath or affirmation, and try impeach- 
no person shall be convicted without the concurrence of two-thirds of the ments. 
members present. 

Section 3. The Governor, Lieutenant-Governor, and all civil officers, who liable to 
shall be liable to impeachment for high crimes and misdemeanors, for any impeachment, 
misbehavior in office, for corruption in procuring office, or for any act punishment if 
which shall degrade their official character. But judgment in such cases conYlcte(1 - 
shall not extend further than to removal from office and disqualification 
to hold any office of honor, trust or j)rofit under this State. The party 
convicted shall, nevertheless, be liable to indictment, trial, judgment and 
punishment according to law. 



12 CONSTITUTION. 

-D. IMS. Section 4. All civil officers, -whose authority is limited to a single 

v ^ r ' Judicial District, a single Election District, or part of either, shall be 

Liability of appointed, hold their office, be removed from office, and, in addition to 

c ofiicers. lenity to impeachment, may be punished for official misconduct, in such 

manner as the General Assembly, previous to their appointment, may 

provide. 

When civil Section 5. If _ any civil officer shall become disabled from discharging 

offices may be the duties of his office, by reason of any permanent bodily or mental 

declared v a- infirmity, his office may be declared to be vacant, by joint resolution, 

•ant agreed to by two-thirds of the whole representation in each House of the 

General Assembly : Provided, That such resolution shall contain the 

grounds for the proposed removal, and, before it shall pass either House, 

a copy of it shall be served on the officer, and a hearing be allowed him. 

AETICLE YLT. 

Treas urer Section 1. The Treasurer and the Secretary of State shall be elected by 
and Secretary the General Assembly in the House of Eepresentatives, shall hold their 
of State. offices for four years, and shall not be eligible for the next succeeding 

term. 
Other officers Section 2. All other officers shall be appointed as they hitherto have 
been, until otherwise directed by law; but the same person shall not hold 
the office of Sheriff for two consecutive terms. 

Section 3. All commissions shall be in the name and by the authority 
Commissions f the State of South Carolina, be sealed with the seal of the State, and 
* - e 01 ' be : f the Governor. 

AETICLE YLTL 

ek h 1. All laws of force in this State at the adoption of this Consti- 
Laws to con- tntion, and not repugnant hereto, shall so continue until altered or 
unless alter -^ ^y the General \j, except where they are tern; 

' which case they shall expire at the times respectively limited for their 
dors \a n il n : : : : nthra i '. by Act of the General Assembly. 

AETICLE IX. 

zekxs 1. All power is c: 1 in the people, and 

Dec! . _ jovernmea nmdedonti hority, and are instituted f or tl 

of rights. pea: r andhappin 

Section 2. No person shall be taken, or imprisoned, or disseized c i 
freeh :r outlawed or exiled, or in any manner 

deprived of his life, liberty or property, but by due process c 
shall any bill of attain deo ' or law impairing tl 

tion of contracts, ever be passed by the General Assembly. 

^z :noN 3. The military shall be subordinate to the civil power. 

Section 4. The privilege of the writ of habeas corpus shall not be 
pended, unless when, in case of rebellion or invasion, the public safety 
requires it. 

Section 5. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel punishments inflicted. 

Section 6. The General Assembly shall not grant any title of nobility, 
or hereditary distinction, nor create any office the appointment to which 
shall be for any longer time than during good behavior. 

Section 7. The trial by jury, as heretofore used in this State, and the 
liberty of the press, shall be forever inviolably preserved. But the Gene- 
ral Assembly shall have power to determine the number of persons who 
shall constitute the jury in the Inferior and District Courts. 



CONSTITUTION. 13 

Section 8. The free exercise and enjoyment of religious profession and A- D- 1565, 
worship, without discrimination or preference, shall be allowed, within this v ~* ""v~— -' 
State, to all mankind: Provided, That the liberty of conscience hereby 
declared shall not be construed as • to excuse acts of licentiousness, or 
justify practices inconsistent with the peace and safety of the State. 

Section 9. The rights, privileges, immunities and estates of both civil 
and religious societies and of corporate bodies shall remain as if the Con- 
stitution of this State had not been altered or amended. 

Section 10. The rights of primogeniture shall not be re-established, and 
there shall not fail to be some legislative provision for the equitable distri- 
bution of the estates of intestates. 

Section 11. The slaves in South Carolina having been emancipated by 
the action of the United States authorities, neither slavery nor involuntary 
servitude, except as a punishment for crime, whereof the party shall have 
been duly convicted, shall ever be re-established in this State. 

AETICLE X. 

Section 1. The General Assembly, whenever a tax is laid upon land, 
shall, at the same time, impose a capitation tax, which shall not be less Capitation 
upon each poll than one-fourth of the tax laid upon each hundred dollars' * a .*. shall b e 
worth of the assessed value of the land taxed; excepting, however, from ' 
the operation of such capitation tax all such classes of persons, as from 
disability or otherwise, ought, in the judgment of the General Assembly, 
to be exempted. 

AETICLE XI. 

Section 1. The business of the Treasury shall be conducted by one Treasury- 
Treasurer, who shall hold his office and reside at the seat of Government, how conducted 

Section 2. The Secretary of State shall hold his office and reside at the Secretary of 
seat of Government. State, office of. 

ARTICLE XII. 

Section 1. No Convention of the people shall be called, unless by the Convention, 
concurrence of two-thirds of the whole representation in each House o f power to call, 
the General Assembly. . 

Section 2. No part of this Constitution shall be altered, unless a Bill to Constitution 
alter the same shall have been read on three several days in the House of —how altered. 
Representatives, and on three several days in the Senate, and agreed to, at 
the second and third reading, by two-thirds of the whole representation 
in each House of the General Assembly; neither shall any alteration take 
effect, until the Bill, so agreed to, shall be published for three months 
previous to a new election for members of the House of Representatives; 
and the alteration proposed by the preceediag General Assembly shall 
be agreed to by the new General Assembly, in their first session, by the 
concurrence of two-thirds of the whole representation in each House, after 
the same shall have been read on three several days in each; then and not 
otherwise the same shall become a part of the Constitution. 

Done in Convention at Columbia, in the State of South Carolina, the 
twenty-seventh day of September, in the year of our Lord one 
thousand eight hundred and sixty-five. 

D. L. WARDLAW, 
President of the Convention. 
Attest: John T. Sloan, 

Clerk of the Convention. 



INDEX 



TO THE 



CONSTITUTION OF THE STATE OF SOUTH CAROLINA, 

ADOPTED SEPTEMBER, 1865. 



A. 

ARTICLE. SECTION. 

Acts or resolutions, to have the force of law shall, &c. 1 22 

Acts, ratification of 1 23 

Assembly, General. (See General Assembly.) 

Attainder, bill of, shall never be passed 1 9, 2 

B. 

Bail, excessive shall not be required 9 5 

Bills for raising revenue shall originate in the House 
of Representatives, but may be altered, amended 

or rejected by the Senate 1 21 

Bills, other may originate in either House, and be 

amended, altered or rejected by the other 1 21 

Bills, when they shall have the force of laws 1, 2 . 23, 21 

Bills of attainder shall never be passed 9 2 

Bills to alter the Constitution 12 2 

C. 

Census, enumeration of white inhabitants to be made.. 1 6 

Civil power superior to military : 9 3 

8ivil officers. (See officers. ) 
lergymen not eligible to certain offices 1 30 

Columbia seat of Government 1 15 

Columbia, Constitution adopted at. (Conclusion.) 
Commander-in-Chief. (See Governor.) 

Commissions, in what name and form, &c 7 3 

Convention, Delegates of the people met in, ordain the 
Constitution. (Preamble and conclusion. ) 

Convention of the people, how called 12 1 

Contracts, obligation of, not to be impaired 9 2 

Constitution, how to be altered or amended 12 2 



INDEX TO CONSTITUTION. 



ABTICLE. 

Corporate bodies, rights of, preserved 9 

Courts of Law and Equity, Superior and Inferior judi- 
cial power vested in or established by the General 
Assembly 3 

Courts, Inferior, styled "District Courts," to be esta- 
blished by the General Assembly 3 

Courts, District, one or more to be established in each 
District . 3 

Courts, District, jurisdiction of 3 

Courts, District, jurisdiction may be extended by Gen- 
eral Assembly 3 

Courts, District, Judges of to be elected by the General 
Assembly 3 

Courts, District, Judges to be residents of the District. . 3 

Courts, District, Judges, term of office (four years), 
re-eligible 3 

Courts, Superior, Judges of to be electedby the General 
Assembly 3 

Courts, Superior, Judges of, term of office (during 
good behavior) 3 

Courts, Superior, Judges of, compensation of, (not to 
be changed during their continuance in office) .... 3 

Courts for Appeal, to meet and sit in Columbia, and at 
such other places as the General Assembly may 
direct 3 

Crimes, high, subject of impeachment 6 

B. 

Days of general election 1 

Death of member of General Assembly, vacancy by, 

how filled 1 

Death of Governor and Lieutenant-Governor, who 

shall succeed 2 

Debate, freedom of, how secured ... 1 

Delegates of the People in Convention. (Preamble.) 
Depart the State, member of General Assembly should 1 
Disorderly behavior, each House may punish member 

for 1 

Disqualifying office, if member accepts 1 

Disqualification to hold office, in case of impeachment. 2 

District Courts. (See Courts.) 

District, a single Election or Judicial. (See District 

Election. ) 
District, Judicial, each to form an Election District. . . 1 

E. 

Elections, general, for Members of the General Assem- 
bly 1 

Elections, who may be chosen members of the House 
of Kepresentatives 1 

Elections, who may be chosen Senators 1 

Elections, in all, by General Assembly or either House, 
members shall vote viva voce 1 

Elections, eaeh House of General Assembly shall judge 
of elections, returns, qualifications of its own 
members, &c 1 



SECTION. 

9 



15 

29 

9 
19 

29 

19 

29 
9 



13 
14 

25 



17 



INDEX TO CONSTITUTION. iii 

f ARTICLE. SECTION. 

Election of Goremor and Lieutenant-Governor, how 

elected and when 1 2, 4, 5, 18 

Elections, of Judges of Superior and District Courts . . 3 1 

Elections, of Treasurer and Secretary of State and 

other officers 7 1, 2 

Elections, in all, made by the people, who entitled to 

vote 4 

Election Districts, how constituted 1 3 

Election Districts, boundaries of 1 4 

Election Districts, members of the House of Repre- 

sentatives apportioned among 1 5 

Election Districts, Parishes do not constitute 1 5 

Election Districts, Representative for All Saints as- 
signed to Horry for a certain interval 1 5 

Election Districts, how Eepresentatives shall be as- 
signed to 1 7 

Election Districts, each shall have one, and none more 

than twelve Representatives 1 9 

Election Districts, when apportionment of Representa- 
tives shall be construed to take effect 1 10 

Election Districts, one Senator allowed to each, except 

Charleston District, which is allowed two 1 11 

Election Districts, in which citizens may vote 1 13, 14 

Election Districts, neglecting to choose a member, &c. 1 29 

Eligible, who may be to a seat in the House of Repre- 
sentatives 1 13 

Eligible, who may be as Senator .1 14 

Eligible, who may be as Governor or Lieutenant-Gov- 
ernor 2 3, 5 

Eligible, Treasurer, Secretary of State and Sheriff not 

eligible for the next sueceeding term 7 1,-2 

Enumeration of white inhabitants to be made 1 5, 6 

Equity, Courts of. (See Courts.) 

Equitable distribution of estates of intestates 9 10 

Estate of member protected 1 20 

Estate of Societies preserved 9 9 

Executive authority vested in Governor 2 1 

Executive Department, officers in, to give information 

to Governor when required 2 14 

Ex post facto law shall not be passed 9 2 

F. 

Fees or perquisites of office, not to be taken by Judges 3 1 

Felony, except from privilege against arrest 1 20 

Fines, Governor may remit 2 11 

Fines, excessive shall not be imposed 9 5 

For failures, Governor may remit 2 11 

Fraction of white population and taxes 1 7 



General Assembly shall consist of a Senate and House 

of Representatives 1 1 

General Assembly, legislative authority vested in 1 1 

General Assembly shall assign Representatives, &c. ... 1 7 



IV 



INDEX TO CONSTITUTION. 



ARTICLE. SECTION. 

General Assembly, lay taxes on the actual value of the 

property taxed 1 8 

General Assembly shall meet annually at Columbia on 

the fourth Monday in November, unless, &c 1 15 

General Assembly, members of, protected in their per- 
sons and estates for a certain time 1 20 

General Assembly, in all elections by the members 

shall vote viva voce 1 25 

General Assembly, compensation of members of, which 
cannot be changed to take effect during the 
existence of the General Assembly which shall 
make such alteration 1 26 

General Assembly, neither House of, shall adjourn for 
more than three days, &c. , without the consent of 
the other 1 27* 

General Assembly, persons who are not eligible to a 

seat in 1 28, 30 

General Assembly, vacancies in either House, how 

filled 1 29 

General Assembly, Governor shall give information 

to, &c 2 15 

General Assembly may be convened by the Governor.. 2 16 

General Assembly may be adjourned by the Governor. . 2 16 

Government, seat of 1 15 

Government, free, founded on authority of the people, 

&c 9 1 

Governor, Executive authority vested in 2 1 

Governor, how and when chosen 2 2, 4, 18 

Governor, term of office 2 2 

Governor, qualifications of office 2 3 

Governor, compensation of 2 13 

Governor shall not be re-eligible for the next suc- 
ceeding term 2 2 

Governor shall be Commander-in-Chief of the Army 

and Navy, and of the Militia, except, &e. 2 10 

Governor may grant reprieves and pardons, remit fines 

and forfeitures, except, &c 2 11 

Governor shall report to the General Assembly all par- 
dons granted by him, &c . 2 11 

Governor shall see that the laws be faithfully executed 

in meroy 2 12 

Governor shall give to the General Assembly informa- 
tion of the condition of the State 2 15 

Governor may require information from all officers in 

the Executive Department 2 14 

Governor may convene the General Assembly on extra- 
ordinary occasions 2 16 

Governor may adjourn the General Assembly under 

certain circumstances 2 16 

Governor shall commission all officers of the State .... 2 17 

Governor shall take oath prescribed before entering on 

the duties of office 2 19 

Governor shall reside during the sitting of the General 
Assembly at the place where its session may be 
held 2 20 

Governor may be required by the General Assembly to 

reside at the Capital of the State ' . . . 2 20 



INDEX TO CONSTITUTION. 



ABTICLE. 

Governor shall sign all Bills passed by the General 

Asesmbly before they become laws, if approved; if \ 

not, return them with his objections, &c 2 

Governor shall be liable to impeachment for, etc 6 

Governor, in case of impeachment, removal from office, 
death, &c, the Lieutenant-Governor shall succeed 

to his office 2 

Governor, Lieutenant, how and when chosen 2 

Governor, Lieutenant, term of office of 2 

Governor, Lieutenant, qualification of 2 

Governor, Lieutenant, compensation of 2 

Governor, Lieutenant, shall be ex officio President of 

the Senate .'.-.■ ' 2 

Governor, Lieutenant, as President of the Senate, shall 

have no vote except the Senate be equally divided. 2 
Governor, Lieutenant, shall succeed to the office of 

Governor in certain cases 2 

Governor, Lieutenant, shall take oath prescribed before 

entering on the duties of office 2 

Governor, Lieutenant, shall be liable to impeachment. 6 
Governor, Lieutenant, in case of impeachment of, re- 
moval from office, death, &c. , &c. , the President 
pro tempore of the Senate shall succeed to his 
office 2 



21 
3 



9 

5,18 
5 
5 
13 



19 
3 



H. 



Habeas corpus, writ of shall not be suspended, except 

in certain contingencies ., 9 4 

Hereditary distinction, title of shall not be granted ... 9 6 

Houses. (See General Assembly.) 

House of Representatives, a branch of the General As- 
sembly 1 1 

House of Representatives, its members, how chosen 

and for what time .• 1 2 

House of Representatives, its members, general elec- 
tion of ' 1 15 

House of Representatives, its members, number of 
(one hundred and twenty-four) and how appor- 
tioned 1 5, 6, 7, 8, 9, 10 

House of Representatives, qualifications of its mem- 
bers 1 13 

House of Representatives, persons who are not eligible 

as members 1 28, 30 

House of Representatives, its members, when terms of 

office shall begin 1 16 

House of Representatives shall judge of the elections, 

returns and qualifications of its own members .... 1 17 

House of Representatives, a majority shall constitute a 

quorum to do business 1 17 

House of Representatives, less than a majority may 
adjourn from day to clay, and compel the attend- 
ance of absent members 1 17 

House of Representatives shall choose its own officers, 
determine rules of proceeding, punish members, 
&c 1 18 



vi EvDEX TO CONSTITUTION. 

ABTECEJS. -ZCTLOy. 

Honse of Eepresentatives may punish persons not 

members for certain offences 1 19 

House of Eepresentatives, members of protected in 

persons and estates for a certain time 1 20 

House of Eepresentatives, bills for raising revenue 

shall originate in , 1 21 

House of Eepresentatives. members shall vote 

voce, kc 1 25 

House of Representatives, members, compensation of, 
which may be increased or diminished, under cer- 
tain circumstances 1 26 

House of Eepresentatives shall not adjourn for more 
than three days, without the consent of the Se- 
nate , 1 27 

House of Eepresentatives, members accepting or i 

cising disqualifying offices shall vacate their seats . . 1 28 

House of Representatives, vacancies, how filled 1 29 

House of Eepresentatives, member of, being chosen 
and acting as Governor or Lieutenant-Governor 
shall vacate his seal 2 8 

House of Eepresentatives shall have the sole power of 

imj caching * 6 1 

I. 

Impeaching, House of Representatives has the sole 

power of 6 1 

Impeachments can only be made by two-thirds of the 

House of Representatives 6 1 

Impeachments shall be tried by the Senate and House. . . 6 2 

Impeachments, who are liable to, and for what 6 3 

Impeachments, judgment in cases of, shall not extend 

x beyond, &c 6 3 

Imprisoned, no person shall be unlawfully : . . 9 2 

Imprisonment, mode of punishing certain contempts.. 1 19 
Infirmity, bodily or mental, office may be declared va- 
cant for 6 5 

bates, distribution of 9 10 

J. 

Judicial power vested in such Superior and Inferior 
Courts of Law and Equity as the General Assem- 
bly shall direct and establish 3 1 

Judges of Superior Courts to be elected by the General 

Assembly . . . . ' 3 1 

Judges of Superior Courts, term of office, (during good 

behavior) 3 1 

Judges of Superior Courts, compensation of, (which 
"shall not be changed during their continuarjce in 
office) 3 1 

Judges of Superior Courts shall receive no fees, or per- 
quisites of office, nor hold any other office of profit 
or trust 3 1 

Judges of Superior. Courts shall meet and sit in Colum- 
bia, and such other places as the General Assembly 
shall direct for new trials, Jbc. , Arc 3 2 



INDEX TO CONSTITUTION. 

AETICLE, SECT! 

Judges of District Courts, to be elected by the General 

Assembly 3 1 

Judges of District Courts, term of office (four years) 

and re-eligible 3 1 

Judges of District Courts, jurisdiction of, which may 

be extended by the General Assembly 3 1 

Judgment, in cases Of impeachment, shall not extend, 

&c .-; 6 3 

Jury, trial by 9 7 



Law of the land •. 9 2 

Law, ex post facto, shall not be passed 9 2 

Laws impairing obligations of contracts shall not be 

passed 9 2 

Laws of force at the adoption- of this Constitution 

shall so continue, &c 8 

Laws to be faithfully executed by Governor in mercy.. . 2 12 

Law, force of, when bill shall have 1, 2 23, 21 

Law, Courts of. (See Courts.) 

Law, for rights of primogeniture shall not be re-estab- 
lished 9 10 

Legislative authority to be vested in the General As- 
sembly i 1 1 

Legislature. (See General Assembly.) 

Liberty of conscience shall be permitted 9 

Liberty of the press shall be preserved 9 

Liberty of persons 9 2 

Lieutenant-Governor. (See Governor, Lieutenant. ) 

Life secured 9 2 

Lot, Senators divided into classes by 1 12 

M. 

Magna charta 9 2 

Meeting of General Assembly. (See General Assembly. ) 

Mercy, laws to be executed in 3 12 

Military subordinate to civil power 9 3 

Militia of this State, Governor shall be Commander-in- 
Chief, except, &c... 2 10 

Ministers of the Gospel not eligible to certain offices... 1 30 
Money not to be drawn from the Treasury without 

Legislative authority. ...... . . . , 1 24 

t) 

Navy of this State 1 28 

Navy of this State, Governor Commander-in-Chief of, 

except, &c 2 10 

Nobility, title of, shall not be granted 9 6 

0. 

Oath of all persons appointed to office of profit or 

trust 5 

Office, what shall exclude from the General Assembly.. 1 28 



viii INDEX TO CONSTITUTION. 

AKTICLE. SECTION. 

Officers, civil, shall be liable to impeachment 6 3 

Officers, civil, whose authority is limited to a single 

District, &c 6 4 

Officers, civil, appointment of, removal from office, &c . . 6 4 

Officers, civil, office of, may be declared vacant 6 5 

Officers, civil, other, how appointed 7 2 

Officers, civil, how commissions are issued 7 3 

(See Governor, Judges, Treasurer, Secretary, Shriff.) 

Outlawed, no person shall be except, &c 9 2 

P. 

Pardons may be granted by Governor, how, &c 2 11 

People, delegates of, in Convention. (Preamble and 

conclusion. ) 

People, power in and government of 9 1 

Persons, protected 9 2 

Place for meeting of General Assembly, (See General* 

Assembly.) 

Population, in apportioning representation 1 5, 6, 7, 

Power, military subordinate to civil , 9 3 

Preachers. (See Ministers of the Gospel.) 

President of the Senate, Lieutenant-Governor ex officio 

is 2 5 

Privileges of members '. 1 19 

Privileges of societies and corporate bodies 9 9 

Process, style of 3 3 

Property secured 9 2 

Prosecutions, in what name and how concluded 3 3 

Punishment, cruel, shall not be inflicted 9 5 

Press, liberty of, shall be preserved 9 6 

a. 

Qualifications of voter for civil or political offices 4 

Quorum, a majority of either House 1 17 

Quorum, number less than, may adjourn, kc 1 17 

R. 

Ratification of Acts 1 23 

Readings of Bills to have force of law 1 23 

Readings of Bills to alter the Constitution 12 2 

Religious profession, without discrimination 9 8 

Religious societies, rights preserved 9 9 

Representation, apportionment of 1 5, 6, 7, 

Representatives. (See House of Representatives.) 

Reprieves may be granted by Governor 2 11 

Returns of members, each House shall judge of 1 17 

Revenue, Bills for, must originate in House of Repre- 
sentatives 1 21 

Rights, declaration 9 

Rights of primogeniture shall not be re-established ... 9 10 

Rights of societies and corporate bodies shall remain... 9 9 

Rules of proceeding, each House to determine 1 18 



INDEX TO CONSTITUTION. h 

S. 

ARTICLE. SECTION. 

Seal of State to be affixed to Acts : . . .. 1 23 

Seal of State, commissions to be sealed with 7 3 

Secretary of State, how elected, and term of office .... 7 1 

Secretary of State not eligible for next succeeding 

term 7 1 

Secretary of State shall hold his office and reside at 

the seat of Government 11 2 

Senate, branch of the General Assembly 1 1 

Senate, composed of one member from each Election 
District, except Charleston District, which is al- 
lowed two Senators 1 11 

Senate divided by lot into two classes, &c 1 12 

Senate, who eligible to seat in 1 13 

Senate, who are not eligible to seat in 1 28, 30 

Senate, general election of Senators 1 15 

Senate, terms of office of, beginning of 1 16 

Senate shall judge of the elections, returns "and qualifi- 
cations of its own members , 1 17 

Senate, majority shall constitute a quorum, but a 
smaller number may adjourn from day to day, and 
compel attendance of absent members 1 17 

Senate shall choose its officers, determine rules of pro- 
ceeding, punish members, &c 1 18 

Senate may punish persons not members, &c 1 19 

Senate, members of, protected in their persons and 

estates, &c 1 20 

Senate, in all elections by, the Senators shall vote viva 

voce 1 25 

Senate shall not abjourn for more than three days, &c, 

without consent of House of Kepresentatives 1 27 

Senate, Senator, accepting or exercising a disqualifying 

office shall vacate his seat 1 28 

Senate, vacancies in, how filled 1 29 

Senate, Lieutenant-Governor ex officio President of ... 2 5 

Senate, Senator acting as Governor or Lieutenant- 
Governor shall vacate his seat 2 8 

Senate shall have a President ^>ro tempore, to act in the 

absence of the Lieutenant-Governor 2 7 

Senate, in case of the offices of Governor and Lieu- 
* tenant-Governor and President pro tempore be- 
coming vacant in recess of, the Secretary of State 
shall convene the Senate by proclamation, &c 2 9 

Senate, all impeachments shall be tried by and how. . . 6 2 

Senate, House bills to have force of law, shall be signed 

in 1 23 

Servitude, involuntary, shall not be re-established, ex- 
cept as a punishment for crime 11 11 

Sheriffs not eligible for two consecutive terms 7 2 

Slavery shall not be re-established except as a punish- 
ment for crime 11 11 

Societies, civil and religious, rites, &c, preserved 9 9 

Speech, freedom of, how secured 1 I 19 

Style of process 3 3 



J 



x INDEX TO CONSTITUTION. 

T. 

:;le. section. 

Taxes in apportionment of Bepresentatives 1 5, 7, i 

Taxes shall be laid on actual value of properly 1 

Tax, capitation, sliall be laid, kc .../...„ 10 

Tax, eaj)itation, certain jDersons may be exenrpted from . 10 

Title of nobility shall not be granted 9 6 

Treason, not iDrivileged from arrest 1 20 

Treasurer, election of, and how. < 7 1 

Treasurer, term of office (four years) 7 1 

Treasurer not eligible for the next succeeding term .... 7 1 
Treasurer shall hold his office and reside at the seat of 

Government 11 2 

U. 

United States, office under, excludes from General As- ^ 

sembly 1 

United States, office under, Governor shall not hold. . 2 3 

United States, office under, Judges shall not hold 2 3 

United States, non-commissioned officers and soldiers 
of the army of. and seamen, and marines of the 
navy of, not to vote 4 

V. 

Vacancy in either House, how filled 1 

Voters, qualifications of, in all elections to be made by 
the people, etc. (See Proviso.) -i- 

W. 

White inhabitants, enumeration of 1 5, 6 

White inhabitants, in apportionment of Representa- 
tives 1 7, 9 

Writ of election, when and how issued 1 15, 29 



PROCLAMATIONS 



HIS EXCELLENCY B. F. PERRY, 

PROVISIONAL GOVERNOR OF SOUTH CAROLINA, 



HIS EXCELLENCY ANDREW JOHNSON, 

PEESIDENT OE THE UNITED STATES. 



OFFICIAL-DEPARTMENT OF STATE. 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: 

A PROCLAMATION. 



Whereas, The fourth section of the fourth Article of the Constitution 
of the UnitedjStates declares that the United States shall guarantee to every 
State in the Union a republican form of government, and shall protect 
each of them against invasion and domestic violence : And, whereas, The 
President of the United States is, by the Constitution, made Commander- 
in-Chief of the army and navy, as well as chief civil executive officer of 
the United States, and is bound by solemn oath faithfully to execute the 
office of President of the United States, and to take care that the laws be 
faithfully executed : And, whereas, The rebellion which has been waged 
by a portion of the people of the United States against the properly con- 
stituted authorities of the Government thereof, in the most violent and 
revolting form, but whose organized and armed forces have now been 
almost entirely overcome, has, in its revolutionary progress, deprived the 
people of the State of South Carolina of all civil government : xlnd, 
whereas, It becomes necessary and proper to carry out and enforce the 
obligations of the United States to the people of South Carolina in secur- 
ing them in the enjoyment of a republican form of government : 

Now, therefore, in obedience to the high and solemn duties imposed 
upon me by the Constitution .of the United States, and for the purpose 
of enabling the loyal people of said State to organize a State Govern- 
ment, whereby justice may be established, domestic tranquility insured, 
and loyal citizens protected in all their rights of life, liberty and property. 
I, Andrew Johnson, President of the United States, and Commander- 
in-Chief of the Army and Navy of the United States, do hereby appoint 
Benjamin F. Perry, of South Carolina, Provisional Governor of the State 
of South Carolina, whose duty it shall be, at the earliest practicable period, 
to prescribe such rules and regulations as may be necessary and proper 
for convening a Convention, composed of delegates to be chosen by 
that portion of the people of said State who are loyal to the United States. 
and no others, for the purpose of altering or amending the Constitution 
thereof ; and with authority to exercise, within the limits of said State. 
all the powers necessary and proper to enable such loyal people of the 
State of South Carolina to restore said State to its Constitutional relations 
to the Federal Government, and to present such a republican form of 
State Government as will entitle the State to the guarantee of the United 
States therefor, and its people to protection by the United States against 
invasion, insurrection and domestic violence : Provided, That in any 
election that may hereafter be held for choosing delegates to any State 
Convention as aforesaid, no person shall be qualified as an elector, or shall 
be eligible as a member of such Convention, unless he shall have previously 

m 



taken and subscribed the oath of amnesty, as set forth in the President's 
Proclamation of May 29th, A. D. 1865, and is a voter qualified as pre- 
scribed by the Constitution and Laws of the State of South Carolina in 
force immediately before the seventeenth (17th) day of November, A. D. 
1860, the date of the so-called Ordinance of Secession ; and the said Con- 
vention, when convened, or the Legislature that may be thereafter assem- 
bled, will prescribe the qualification of electors, and the eligibility of per- 
sons to hold office under the Constitution and Laws ©f the State, a power 
the people of the several States composing the Federal Union have right- 
fully exercised from the origin of the Government to the present time. 

And I do hereby direct — 

1st. That the military commander of the department, and all officers 
and persons in the military and naval service, aid and assist the said 
Provisional Governor in carrying into effect this Proclamation, and they 
are enjoined to abstain from, in any way, hindering, impeding or dis- 
couraging the loyal people from the organization of a State Government 
as herein authorized. 

2d. That the Secretary of State proceed to put in force all laws of the 
United States, the administration whereof belongs to the State Depart- 
ment, applicable to the geographical limits aforesaid. 

3d. That the Secretary of the Treasury proceed to notuinate for appoint- 
ment assessors of taxes, and collectors of customs and internal revenue, 
and such other officers of the Treasury Department as are authorized by 
law, and put in execution the Kevenue Laws of the United States within 
the geographical limits aforesaid. In making appointments, the pre- 
ference shall be given to qualified loyal persons residing within the 
Districts where their respective duties are to be performed. But if 
suitable residents of the Districts shall not be found, then persons residing 
in other States or Districts shall be appointed. 

4th. That the Postmaster-General proceed to establish post offices and 
post routes, and put into execution the Postal Laws of the United States 
within the said State, giving to loyal residents the preference of appoint- 
ment; but if suitable residents are not found, then to appoint agents, &c, 
from other States. 

5th. That the District Judge for the Judicial District in which South 
Carolina is included proceed to hold Courts within said State, in accord- 
ance with the provisions of the Act of Congress. The Attorney- General 
will instruct the proper officers to libel and bring to judgment, confiscation 
and sale, property subject to confication, and enforce the administration 
of justice within said State in all matters within the cognizance and 
jurisdiction of the Federal Courts. 

6th. That the Secretary of the Navy take possession of all public 
property belonging to the Navy Department within said geographical 
limits, and put in operation all Acts of Congress in relation to naval affairs 
having application to the said State. 

7th. That the Secretary of the Interior put in force the laws relating to 
the Interior Department applicable to the geographical limits aforesaid. 

In testimony whereof, I have hereunto set my hand and caused the seal 
of the United States to be affixed. 

Done at the City of Washington this thirtieth day of June, in the 

[seal.] year of our Lord one thousand eight hundred and sixty-five, 

and of the Independence of the United States the eighty-ninth. 

ANDREW JOHNSON. 
By the President: 
William H. Sewabd, Secretary of State. 



BY THE PROVISIONAL GOVERNOR OF THE STATE OF SOUTH CAROLINA. 

A PROCLAMATION. 



Whereas, His Excellency President Johnson has issued his Proclamation, 
appointing me (Benjamin F. Perry) Provisional Governor in and for the 
State of South Carolina, with power to prescribe such rules and regula- 
tions as may be necessary and proper for convening a Convention of the 
State, composed of delegates to be chosen by that portion of the people 
of said State who are loyal to the United States, for the purpose of alter- 
ing or amending the Constitution thereof ; and with authority to exercise 
within the limits of the State all the powers necessary and proper to enable 
such loyal people to restore said State to its constitutional relations to the 
Federal Government, and to present such a Republican form of State 
Government as will entitle the State to the guarantee of the United States 
therefor, and its people to protection by the United States against inva- 
sion, insurrection and domestic violence: 

Now, therefore, in obedience to the Proclamation of his Excellency 
Andrew Johnson, President of the United States, I, Benjamin F. Perry, 
Provisional Governor of the State of South Carolina, for the purpose of 
organizing a Provisional Government in South Carolina, reforming the 
State Constitution and restoring civil authority in said State, under the 
Constitution and Laws of the United States, do hereby proclaim and declare 
that all civil officers in South Carolina, who were in office when the civil 
government of the State was suspended, in May last, (except those arrested 
or under prosecution for treason,) shall, on taking the oath of allegiance 
prescribed in the President's Amnesty Proclamation of the 29th day of 
May, 1865, resume the duties of their offices and continue to discharge 
them under the Provisional Government till further appointments are 
made. 

And I do further proclaim, declare and make known, that it is the duty 
of all loyal citizens of the State of South Carolina to promptly go for- 
ward and take the oath of allegiance to the United States, before some 
Magistrate or military officer of the Federal Government, who may be 
qualified for administering oaths; and such are hereby authorized to give 
certified copies thereof to the persons respectively by whom they were 
made. And such Magistrates or officers are hereby required to transmit 
the originals of such oaths, at as early a day as may be convenient, to the 
Department of State, in the city of Washington, D. C. 

And I do further proclaim, declare and make known, that the Managers 
of Elections throughout the State of South Carolina will hold an election 
for members of a State Convention, at their respective precincts, on the 
first Monday in September next, according to the laws of South Carolina 
in force before the secession, of the State; and that each Election District 
in the State shall elect as many members of the Convention as the said 
District has members of the House of Representatives — the basis of repre- 
sentation being population and taxation. This will give one hundred and 



twenty-four members to the ConTention — a number sufficiently large to 
represent every portion of the State most fully. 

Every loyal citizen who has taken the Amnesty oath, and not within the 
excepted classes in the President's Proclamation, will be entitled to vote, 
provided he was a legal voter under the Constitution as it stood prior to 
the secession of South Carolina. And all who are within the excepted 
classes must take the oath and apply for a pardon, in order to entitle them 
to vote or become members of the Convention. 

The members of the Convention thus elected on the first Monday in 
September next, are hereby required to convene in the city of Columbia, 
on Wednesday, the 13fch day of September, 1865, for the purpose of alter- 
ing and amending the present Constitution of South Carolina, or remodel- 
ing and making a new one, which will conform to the great changes which 
have taken place in the State, and be more in accordance with Republican 
principles and equality of representation. 

And I do further x^roclaim and make known, that the Constitution and 
all laws of force in South Carolina prior to the secession of the State, are 
hereby made of force under the Provisional Government, except wherein 
they may conflict with the provisions of this Proclamation. And the 
Judges and Chancellors of the State are hereby required to exercise all 
the powers and perform all the duties which appertain to their respective 
offices, and especially in criminal cases. It will be expected of the 
Federal military authorities now in South Carolina to lend their authority 
to the civil officers of the Provisional .Government, for the purpose of 
enforcing the laws and preserving the peace and good order of the State. 

And I do further command and enjoin all good and lawful citizens of 
the State to unite in enforcing the laws and bringing to justice all 
disorderly persons, all plunderers, robbers and marauders, all vagrants 
and idle persons who are wandering about without employment or any 
visible means of supporting themselves. 

It is also expected that all former owners of freed persons will be kind 
to them, and not turn off the children or aged to perish; and the freed 
men and women are earnestly enjoined to make contracts, just and fair, 
for remaining with their former owner. 

In order to facilitate as much as possible the application for pardons 
under the excepted sections of the President's Amnesty Proclamation, it 
is stated for information that all applications must be by petition, stating 
the exception, and accompanied with the oath prescribed. This petition 
must be first approved by the Provisional Governor, and then forwarded 
to the President. The headquarters of the Provisional Governor will be 
at Greenville, where all communications to him must be addressed. 

The newspapers of this State will publish this Proclamation till the 
election for members of the Convention. 

In testimony whereof, I have hereunto set my hand and seal. Done 
| l. s ] at the town of Greenville, this twentieth day of July, in the year 
of our Lord one thousand eight hundred and sixty-five, and of 
the independence of the United States the ninetieth. 

B. F. PERRY. 
By the Provisional Governor: 

WHiMAM H. Perry, Private Secretary. 



CREDENTIALS 



OF THE 



MEMBERS OF THE CONVENTION 



or THE 



STATE OF SOUTH CAROLINA 

SEPTEMBER, 1865. 



CREDENTIALS 



STATE OF SOUTH CAROLINA,, 
Abbeville Disteict. 
We, the undersigned, Managers of Elections for Abbeville District, cer- 
tify that at an election held on Monday, the 4th of September, 1865, 
ordered by his Excellency B. F. Perry, Provisional Governor of South 
Carolina, for a Convention, Judge D. L. Wardlaw was duly elected one of 
the five Members to said Convention from Abbeville District. 

M. McGEE, 
EOBT. BROWNLEE, 
J. F. KELLER, 
W. SMITH, 
JAS. CLARK, 
J.. S. CHIPLEY, 
DAYID HANNAH, 
A. C. HAWTHORNE, 
G. HODGES, 
W. O. PARSLEY; 
JAMES TAGGART, 
JNO. C. CHILES, 
M. OSBORNE, 
J. A. HUNTER, • 
J. A. McCORD. 



STATE OF SOUTH CAROLINA, 

Abbeville Disteict. 
We, the undersigned, Managers of Elections for Abbeville District, cer< 
tify that, at an election held on Monday, the 4th of September, 1865, 
ordered by his Excellency B. F. Perry, Provisional Governor of South 
Carolina, for a Convention, Samuel McGowan was duly elected one of the 
five Members to said Convention from Abbeville District. 

P. S. GUILLEBEAU, 
J. J. DEVLIN, 
M. McGEE, 
EOBT. BROWNLEE, 
J. F. KELLER, 
W. SMITH, 
JAS. CLARK, 
J. S. CHIPLEY, 
DAVID HANNAH. 
A. C. HAWTHORN, 
G. HADYLE, 
W. O. PARSLEY, 
JAMES TAGGART, 
JNO. C. CHILES, 
M. OSBORNE, 
J. A. HUNTER, 
J. A. McCORD. 



STATE OF SOUTH CAROLINA, 

Abbeville Distbict. 
We, the undersigned, Managers of Elections for Abbeville District, cer- 
tify that at an election held on Monday, the 4th of September, 1865, 
ordered by his Excellency B. F. Perry, Provisional Governor of South 
Carolina, for a Convention, Thomas Thomson was duly elected one of the 
live Members to said Convention from Abbeville District. 

P. S. GUILLEBEAU, 
J. J. DEVLIN, 
M. McGEE, 
BOBT. BROWNLEE, 
J. F. KELLER, 
W. SMITH, 
JAS. CLARK, 
J. S. CHIPLEY, 
DAVID HANNAH, 
A. C. HAWTHORNE, 
G. HODGE, 
W. C. PARSLEY, 
JAMES TAGGART, 
JNO. C. CHILES, 
M. OSBORNE, 
J. A. HUNTER, 
J. A. McCORD. 



STATE OF SOUTH CAROLINA, 
Abbeville Distbict. 
We, the undersigned, Managers of Elections for Abbeville District, cer- 
tify that at an election held on Monday, the 4th of September, 1835, 
ordered by his Excellency B. F. Perry, Provisional Governor of South 
Carolina, for a Convention, Dr. John W. Hearst was duly elected one of 
the five Members of said Convention from Abbeville District. 

P. S. GUILLEBEAU, 
J. J. DEVLIN, 
M. McGEE, 
ROBT. BROWNLEE, 
J. F. KELLER, 
W. SMITH, 
JAS. CLARK, 
J. S. CHIPLEY, 
DAVID HANNAH, 
A. C. HAWTHORNE, 
G. HODGE, 
W. O. PARSLEY, 
JAMES TAGGART. 
JNO. C. CHILES, 
M. OSBORNE, 
J. A. HUNTER, 
J. A. McCORD. ' 



STATE OF SOUTH CAROLINA, 

Abbeville Distbict. 
We, the undersigned, Managers of Elections for Abbeville- District, cer- 
tify that at an election held on Monday, the 4th of September, 1865, 



ordered by his Excellency B. F. Perry, Provisional Governor of South 
Carolina, for a Convention, W. Augustus Lee was duly elected one of the 
live Members to said Convention from Abbeville District. 

P. S. GUILLEBEAU, 
J. J. DEVLIN, 
ROBT. BBOWNLEE, 
JAS. CLABK, 
M. McGEE, 
J. F. KELLER, 
W. SMITH, 
J..S. CHIPLEY, 
DAVID HANNAH, 
A. C. HAWTHORNE, 
G. HODGES, 
W. O. PARSLEY, 
JAMES TAGGART, 
JNO. C. CHILES, 
M. OSBORNE, 
J. A. HUNTER, 
J. A. McCORD. 



STATE. OF SOUTH CAROLINA, 
Prince Geoege, Winyah, September 5, 1865. 
We, the undersigned, Managers of the election held September 4, 1865, 
at the different precincts in this Parish, do hereby certify that the following 
named gentlemen, Benjamin F. Dunkin, Richard Dozier and B. C. Fish- 
burne, received a majority of the votes cast for Delegates to the State 
Convention, and are duly elected. 

R. O. BUSH, 
. B. M. GREER, 

R. W. SHACKELFORD, 
V. RICHARDSON, 
JOHN CRIBB. 



Office Cleek Couet Common Pleas and General Sessions, 
Georgetown, S. C. , September 5, 1865. 
I do hereby certify that the above is a true and correct copy of election 
returns (for Delegates to the State Convention) deposited in this office. 

C. P. 



STATE OF SOUTH CAROLINA, 
Cheist Church Parish, September 4, 1865. 
We certify that Richard T. Morrison received all the votes cast at the 
election held this day, and is therefore the Delegate elect to represent this 
Parish in the State Convention. 

HENRY S. TEW, 
DAVID R. WILLIAMS, 
SAMUEL B. BLACKWELL, 
Managers of Elections. 



STATE OF SOUTH CAROLINA, 
Anderson District. 
We, tlie Managers of Elections for Anderson District, do hereby certify 
that in conformity with the Proclamation of his Excellency Benjamin F. 
Perry, Provisional Governor of said State, we opened the polls at the 
respective boxes in Anderson District on Monday, the 4th inst. , to elect 
four Delegates to a Convention of the people" of South Carolina, to 
assemble at the city of Columbia on the 13th inst. ; that we have this day 
met at the Court House to count the votes and declare the election, and 
upon counting the votes, we hereby certify James L. Orr, John Wilson, 
Alexander Evins and Wm.. S. Pickens received the greatest number of 
votes, and are duly elected Delegates to represent said District in said Con- 
vention. 

Given under our hands and seals, this 5th day of September, 1865. 

J. Y. FKETTVELL. 
KENON BEEEZEAL, 
A. S. McCLINTON. 
W. J. SIMPSON, 
REED GAMBBILL, 
J. B. SIMPSON, 
W. HABPEE. 
E. O. CEBEOD, 
JOHN WAKEFIELD, 
J. B. LEWIS, 
J. H. TELFORD, 
A. TODD, 
M. PALMEE, 
G. L. McGEE. 
J. J. ACKEE. 
E. W. EEEYES, 
J. A. HALL. 
CHAELES HAYNE. 
J. W. SHEEAED, 
DAYID S. TAYLOE, 

E. N. WEIGHT. 

F. M. GLENN. 
E. DUGAN. 

P. H. ANDEESON, 
J. J. SHOELEY, 
W. A. McFALL. 



STATE OF SOUTH CAEOLINA, 
Bicttla\i> District, September 5, 1865. 
We, the Managers of Elections for Eichland District, do hereby certify 
that in conformity with the Proclamation of his Excellency B. F. Perry, 
Provisional Governor of said State, we opened the polls, at the respective 
boxes in Eichland District, on Monday, the 4th inst., to elect four Dele- 
gates to a Convention of the people of South Carolina, to assemble at the 
city of Columbia on the 13th inst. ; that we have this day met to count the 
votes and declare the election, and upon couDting the votes we hereby 
certify that Wade Hampton, F. W. McMaster, A. E. Taylor and William 
Wallace received the greatest number of votes and are duly elected. 
Given under our hands and seals this 5th dav of September, 186*5. 

J. C. JANNEY. Chairman. 



STATE OF SOUTH CAROLINA, 

Laueens District. 
In pursuance of the Proclamation of Benjamin F. Perry. Provisional 
Governor of the State aforesaid, ordering an election to be held for Mem- 
bers of the State Convention, on the first Monday in September, 1865, 
we, the undersigned, Managers of Elections in and for the District afore- 
said, respectfully certify that we have held said election, on the day afore- 
said, and met at the Court House of said District this day, counted the 
votes, and* find the result as follows : C. P. Sullivan received 512 votes; 
Wm. Miller, Jr., 420 votes; W. A. Moore, 415 votes; and B. W. Ball, 407 
votes. 

The four above named having received the greatest number of votes, 
are duly elected Members of said Convention, to represent the District of 
Laurens. 

Given under our hands this fifteenth day of September, one thousand 
eight hundred and sixty -five. 

HENBY O'NEALL, 
F. G. FULLER, 
B. C. DUNLAP, 
Z. C. GARRETT, 
JAMES M. POWER, 
E. M. COOPER, 
J. R. TODD, 
JOHNT. DUNCAN, 
MAT.* McRARY, 

D. H. A. MASON, 
M. B. MITTS, 
JOEL F. SMITH, 
W. T. SMITH, 

L. P. DAVENPORT, 
B. F. SHAW, 
R. W. ALLISON, 
LEM. G. WILLIAMS, 
L. R. BROOKS, 
J. R. SCENTZER, 
R. McDANIEL, 
J. M. FRANKS, 
WM. PHILSON, 
A. R. YOUNG, 
JNO. WATSON, 
WM. T. FINLEY, 

E. W. WADE, 
JNO. G. WILLIAMS. 



STATE OF SOUTH CAROLINA, 
Berkeley District, September 5, 1865. 
We do hereby certify that John G. Gaillard has been unanimously 
elected to represent the Parish of St. John, Berkeley, in the Convention 
of the State of South Carolina, to be convened in Columbia, on Wednes- 
day, the 13th day of September, by order of Governor Perry. 

ALEX. M. PORCHER, 
T. ALEX. BROUGHTON, 
J. DuBOSE PORCHER, 
JOS. P. CAIN, 
EUGENE M. GAILLARD, 
Managers of Elections. 



STATE OF SOUTH CAEOLINA, 

Newberry District. 
The undersigned, Managers of Elections for the District of Newberry , 
South Carolina, hereby ceriify that on Monday, the 4th day of Septem- 
ber, instant, we held an election in pursuance of the Proclamation of 
Honorable B. F. £erry, Provivisional Governor of South Carolina, in 
accordance with the laws of the said State, for three Delegates to the Strete 
Convention, to assemble on Wednesday, the 13th instant, and that, on 
this day, Tuesday, 5th instant, we assembled at Newberry Court House, 
when it was ascertained that the following votes were cast: For E. P. 
Lake, 297 votes; for Henry Summer, 213 votes; for Kobert Stewart, 191 
votes; for James H. Williams, 164 votes; for E. S. Keitt, 142 votes. 
Whereupon, E. P. Lake, Henry Summer and Bobert Stewart, having 
received the highest number of votes polled, were declared duly elected 
Delegates to represent the District of Newberry in the State Convention 
aforesaid. 

We further certify that no returns were received from the following pre- 
cincts, the polls not having been opened thereat, as 'we are informed, and 
believe, to wit: Jalapa, Stoney Batter and Dominick's. 

Given under our hands at Newberry Court House, South Carolina, this 
5th day of September, Anno Domini 1865. 

J. A. GANNON, 
E. S. LYLES, 
J. F. SIMS, 

LEVI LONGSHOEE, „ 
THOS. ELLISON, 
A. Y. W. GLYMPH, 
JAS. W. WILLIAMS, 
M. F. WOEKMAN, 
JOHN G. HOUSEAL, 
L. B. MOFFETT, 
MICHAEL WEETS. 
HENEY GALLMAN, 
SILAS JOHNSTON, 
T. B. KENNEELY, 
E. S. SLIGH. 



STATE OF SOUTH CAEOLINA, 
Marlboro District. 
To his Excellency B. F. Perry, Governor of the State of South Carolina : 

We, the Managers of Elections for Marlboro District, do hereby certify 
that in obedience to the Proclamation of your Excellency, we proceeded 
to hold an election for two Delegates to represent the District of Marlboro 
in the Convention, which has been ordered by your Excellency to be held 
for the purpose, and on counting the votes we found that Thomas C. 
Weatherly and C. W. Dudley were elected. 

GEO. DUDLEY, 
W. A. DuPEE, 
JOHN A. HODGES, 
PHILIP ODOM, 
JESSE BETHEL, 
A. CALHOUN, 
C. T. McEAB, 
WM. A. CEOSLAND, 
W. MUECHISON. 



STATE OF SOUTH CAROLINA, 

Lexington District. 
We, the undersigned, Managers of Elections for Lexington District, do 
hereby certify that, in obedience to the Proclamation of his Excellency 
Benjamin F. Perry, Provisional Governor of the State aforesaid, we held 
an election on Monday, the 4th day of September, instant, for two Mem- 
bers to represent Lexington District in the Convention of the said State, 
and on this day, to wit, Wednesday, the 6th day of the same month, have 
counted the votes given at said election, and find the following to be the 
result, to wit: Colonel L. Boozer received 299 votes; John Fox received 
196 votes; Simeon Corley received 91 Votes; E. S. J. Hayes, received 53 
votes; Scattering, 31 votes. We therefore certify that Colonel L. Boozer 
and John Fox are duly elected Members to represent Lexington District 
in said Convention. Witness our hands this 6th day of September, 1865. 

D. J. FRIDEL, 
J. A. HENDRIX, 
W. A. HOOK, 
W. E. SAWYER, 
DAVID NUNNAMAKEB, 
CHARLES HUTTO, 
J. P. SMITH, 
W. L. WILLIAMSON, 
JAS. SEIGLER, 
L. BOLAND, 
JOHN W. SEOTENBURG, 
DAVID DERRICK, 
J. LEAPHART, 
A. STEEDMAN, 
DANIEL P. HONEIHE. 



STATE OF SOUTH CAROLINA, 
Sumter District, September 5, 1865. 
We certify that, at an election held at the various precincts in the Elec- 
tion District of Sumter, on Monday, the 4th instant, in conformity to the 
Proclamation of Governor Perry, for three Delegates to the State Conven- 
tion for the said District of Sumter, on counting and comparing the votes 
this day, at this place, it appears that Franklin J. Moses received 425 
votes; John N. Frierson received 366 votes; and Thomas M. Muldrow 
received 265 votes ; other scattering votes were found in the boxes. We 
further certify that the said Franklin J. Moses, John N. Frierson and 
Thomas M. Muldrow, having respectively received the highest number of 
votes, we return and declare them duly elected. 

T. D. FRIERSON, 
J. M. JENNINGS, 
W. J. CROSS WELL, 
LEONARD BROWN, 
THOS. H. OSTEEN, 
W. E. MILLS, 
J. W. STUCKEY, 
JOHN J. SHAW, 
J. R. KENDRICK, 
H. E. L. PEEBLES, 
H. L. WILSON, 

Managers of Elections. 



10 

STATE OF SOUTH CAROLINA, 

Lancaster District. 

The undersigned, Managers of Elections for Lancaster District, in the 
State of South Carolina, do hereby certify, under their hands and seals, 
that in pursuance of the Proclamation of his Excellency B. F. Perry, Pro-" 
visional Governor of the State, they held, on the 4th day of September, 
1865, at their respective precincts in said District, an election for two 
Members to represent Lancaster District in a Convention of the people of 
the State, to assemble in the city of Columbia, on the 13th of said month. 
The polls at all the boxes in said District were opened, except at the 
Stover box, which, as far as the undersigned are informed, was through 
negligence not opened at all; and after meeting at the Court House on 
this evening, the 5th of September, and counting out the votes, we have 
ascertained that in said election there were three hundred and sixty-three 
votes polled throughout the District, and that Robert M. Sims, being the 
highest candidate, received 264 votes, and James L. Reed, being the next 
highest, received 250 votes, and William A. Moore, the only other candi- 
date, received 156 votes. We therefore declare Robert M. Sims and 
James L. Reed duly elected to represent Lancaster District in said Con- 
vention. 

Given under our hands and seals, at Lancaster Court House, this 5th 
day of September, A. D. 1865. 

F. D. GREEN, 

G. T. WADE, 
H. H. DUNCAN, 
GARRET SIMS, 
JOHN TAYLOR, 
JAMES DeLANEY, 
WILLIAM FAIR, 
J. R. WELSH, 

R. E. ALLISON. 
W. M. ADAMS. 



STATE OF SOUTH CAROLINA, 

WmniAMSBUKG District. 

We, the undersigned, Managers of Elections for the District of Williams- 
burg, in the State aforesaid, do hereby certify that we have, on Monday, 
the 4th day of September inst. , opened the polls at our several respective 
election precincts and held an election for two Delegates, to represent the 
District of Williamsburg in the State Convention, to be held or convened 
at Columbia, on the 13th, day of September inst. , and that we met at the 
Court House at Kingstree on this 6th day of September inst., and counted 
the votes cast in the said election, and that Dr. Joseph A. James, received 
114 votes; Edward J. Porter, 84; Col. Wm. Cooper, 57; P. C. Dozier,23; 
Dr. James G. Staggers, 3; James W. Keels, 1; William F. Rodgers, 1. We 
therefore declare that the said Dr. Joseph A. James and said Edward J. 
Porter are duly elected Delegates to represent Williamsburg District in the 
said Convention. 

Given under our hands this 6th day of September, A. D. 1865. 

S. E. GRAHAM, 
E. B. KEWELL, 
D. M. DUKE, 
C. LESESNE, 
TAYLOR EADDY, 
J. M. FULTON. 



11 

STATE OF SOUTH CAEOLINA, 

Chakleston, September 4, 1865. 
At an election held this day for Members of the Convention, the 

annexed named gentlemen having received the highest number of votes, 

are hereby declared duly elected Delegates to the said Convention : O. A. 

Andrews, James Conner, P. J. Coogan, E. Frost, P. C. Gaillard, W. H. 

Oilliland, H. Gourclin, W. S. Henery, A. Huger, H. D. Lesesne, P. N. 

Ijynch, Charles Macbeth, W. M. Martin, F. Melchers, William Kavenel, 

James Kose, John Schnierle, C. H. Simonton, J. A. Wagener, G. W. 

.Williams. ♦ 

CHAELES LOVE, 
H. W. SCHBODEE, 
CHAS. T. K EOGEES, 
P. P. LOCKE, 
EDW. C, THAEIN, 
J. H. SYMMES, 
THOMAS AIMAE, 
J. L. PATTEBSON, 
THOS. ALLASON, 
CHAS. W. BINGLEY, 
JNO. D. MILLEE, 
W. P. EUSSELL, 
JOS. A. TOELAY, 
P. C. GUENY, 
D. C. GIBSON, 
EDWD. C. KECKELEY, 
Managers of Elections. 



STATE OF SOUTH CAEOLINA, 

Chesteb Distkict. 
We, the Managers of Elections for Chester District, State of South 
Carolina, certify that, in obedience to the Proclamation of his Excellency 
35. F. Perry, Provisional Governor of the State aforesaid, we held an elec- 
tion at Chester Court House and the other precincts in said District, on 
.Monday, the 4th day of September, instant, for three Delegates to the 
State Convention, to meet in Columbia on the 13th day of September, 
instant; and that, at said election, the following gentlemen received the 
following number of votes, viz: James Hemphill received 210 votes; Dr. 
JL P. Wylie received 200 votes; and C. D. Melton received 172 votes; 
which being the highest number of votes cast, we hereby declare the said 
James Hemphill, A. P. Wylie and C. D. Melton to be duly elected as 
Delegates to the said State Convention. Witness our hands this 5th day 
mt September, 1865: 

W. A. LEWIS, 
T. M. GEAHAM, 
JAMES W. KEE, 
J. Y. MILLS, 
JOHN SMITH, 
JAS. BOYD, 
JESSE WILLIAMS, 
JAMES G. LOWEY, 
S. McCALL, 
A. GIBSON, 
W. H. CASTLES. 



12 

STATE OF SOUTH CAROLINA, 

Yoke District, September 5, 1865. 
We, the undersigned, Managers of Elections for York District, hereby 
certify that, in obedience to the order of B. F. Perry, Provisional Governoi 
of South Carolina, an election was held on Monday, 4th September, 
instant, at the election precincts, for four Delegates to the State Conven- 
tion, to assemble at Columbia on the 13th instant. We met at Yorkville 
on this day and compared the results, when it appeared that Robert A. 
Ross received 460 votes; William C. Beatty, 382 votes; William C. Black, 
308 votes; Colonel Cad. Jones, 303 votes; William ;J. Avery, 262 votes: 
A. S. Wallace, 248 votes; J. T. Lowry, 176 votes; J. N. McElwee, 15S 
votes. We therefore declare the said R. A. Ross, William. C. Beatty, 
William C. Black, and Cad. Jones duly elected. Witness our hands: 

A. E. HUTCHISON, 
J. P. MOORE, 
J. M. SMANN, 
J. R. WALLACE, 
S. L. ADAMS, 
W. P. WYLIE, 
SAMUEL ANDERSON, 
J. C. PHILLIPS, 
NASA RIGGINS, 
E. G. BYERS, 
J. B. LOWRY, 
W. H. CARROLL, 
J. HERNDON, 
J. ED. JEFFEREYS, 
C G. WEBBER, 
R. GARRISON. 



STATE OF SOUTH CAROLINA, 

GBEENvmLE District. 
We, the undersigned, Managers of Elections for Greenville District and 
State aforesaid, do hereby certify that we held an election for Members 
for the State Convention, on the 4th day of September, 1865, and thai 
the following named persons received the highest votes, viz : H. H. Perry, 
T. C. Boiling, James P. Boyce and J. P. Latimer. Therefore we pro- 
nounce them elected to said Convention. 

J. HARRISON, 
M. B. FOWLER, 
W. W. ROBERTSON, 
, J. S. HAMMOND, 

HENRY GROSS, 

A. W. PEDON, 
P. N. ACKER, 
DANIEL FOWLER, 

B. R. JOHNSON, 
GEORGE S. GREEN, 
ELIJAH FARMER, 
JOHN ABNER SMITH, 
H. GOOD, 

A. LOYE, 

W. H. GOODLETT, 

C. C. MONTGOMERY, 
WM. A. MOONEY, 

N. AUSTIN, 
HAMLIN BEATTIE. 



13 

STATE OF SOUTH CAROLINA, 
Darlington 0. H., September 5, 1865. 
The undersigned, Managers of Elections for DarlingtonjDistrict, hereby 
certify that, at an election held on the 4th September, instant, for three 
Members to a Convention of the people, to be held in Columbia on the 
13th instant, David C. Milling received 560 votes; J. H. Norwood, 459 
votes; J. E. Byrd, 452 votes; and F. F. Warley, 175 votes. The three 
first mentioned candidates having received the highest number of votes 
polled, are hereby declared elected. 

J. A. PETTIGREW, 
W. W. MOORE, 
JAMES P. WILSON, 
J. E. GOODE, 
J. W. PARROTT, 
J. M. BROWN, 
J. C. GARNER, 
H. B. WHITE, 
S. W. MORRIS, 
" J. W. WOODHAM, 
M. BYRD, 
G. A. NORWOOD, 
— ^ JOHN WRIGHT, 

A. S. ROGERS, 

i 



STATE OF SOUTH CAROLINA, 
Fairfield Distkict, September 5, 1865. 
We, the undersigned, Managers of Elections for Fairfield District, do 
! hereby certify that at an election held on the 4th day of September, 1865, 
j for three Members to represent said District in a Convention to be holden 
in Columbia on the 13th day of September, 1865, in pursuance of the Pro- 
clamation of his Excellency Governor B. F. Perry, upon counting the 
votes cast we found that Messrs. Jas. H. Rion, John Bratton and Wm. R. 
Robertson received the highest number of votes cast. We therefore 
declare Messrs. J. H. Rion, John Bratton and W. R. Robertson duly 
elected as Members to said Convention from Fairfield District. 

J. S. STEWART, 
JOSEPH LANTAN, 
JOHN BOYD, 
D. G. HOLLIS. 
JOHN SIMONTON, 
G. W. COLEMAN, 
N. B. HOLLEY, 
W. P. BROWN, 
J. BOOKMAN. 



STATE OF SOUTH CAROLINA, 
All Saints' Parish, September 5, 1865. 
This is to certify that, after clue notice, an election was held, and, after 
counting the votes, U. A. DeLettre is hereby declared elected as the Dele- 
gate to the Convention for this Parish, by a majority of 27 votes. 

THOMAS KING, 
B. HUCKS, 

Managers of Elections. 



IN- 
STATE OF SOUTH CAROLINA, 

St. Bartholomew's Paeish. 

This certifies that in pursuance of a Proclamation of his Excellency B» 
F. Perry, Provisional Governor of the State, an election was held at the 
different places of election in the Parish aforesaid, on Monday, the 4th 
day of September, A. D. 1S65, for three Delegates to the State Convention 
to be convened at Columbia, on Wednesday, the 13th of September, 1865, 
and that on Tuesday, the 5th of September, the Managers of Elections 
being assembled at the Court House in Walterboro, counted over the votes 
so taken, and found that two hundred and seventy-three (273) votes had 
been polled for Alexander B. Stephens; two hundred and thirty-four (234) 
votes for Hugo G. Sheridan, two hundred and thirty-two (232) votes for 
Archibald Campbell; one hundred and seventy-eight (178) votes for John 
W. Burbidge; one hundred and sixty-seven (167) votes for Budd G. Price; 
and ninety-seven (97) votes for Benjamin Stokes; and thereupon they 
declared the said A. B. Stejmens, H. G. Sheridan and Arch. Campbell 
duly elected Delegates to the said Convention. 

WM. C. P. CAMPBELL, 
Chairman of the Board of Managers. 

"Witness: TV. H. Bellinger. 



STATE OF SOUTH CAROLINA, 
Pickens District, September 5, 1865. 

The undersigned, Managers of Elections for the State and District afore- 
said, do hereby certify that an election was held at the respective precincts 
opposite our names, and the following persons were duly elected to repre- 
sent this District in the Convention to be held in Columbia, on the 13th 
instant, in obedience to the Proclamation of his Excellency Governor B. 
F. Perry, viz : Edmund Herndon, Leander B. Johnson, Alexander Bryce^ 
Sr., and James L. Boyd. 

Hurricane — L. N. Robins. Allen Biggins, John Stewart. 

Muddy Spring — E. H. Cox, John F. Miller, David Sanders. 

Center — J. B. Sanders, J. A. Simmons, N. P. Cole. 

Fair Plav— B. P. Sloan, P. J. Dean, A. S. Stribling. 

Salubritv— M. T. Smith, W. S. Williams, Thos. G. Boggs. 

Piekensville— Calvin Odle, E. W. Clvde, J. L. Howard. 

Wolf Creek— A. C. Hughes, W. B. Allgood, J. R. Durham. 

WalhaUa— J. W. F. Thomson, A. W. Thompson, J. J. Ansel. 

Gailier— J. V. Philpot, J. C. Thompson, E. Smith. 

Tunnel Hill— Wm. Rowland, A. J. Rendlev, S. G. Herndon. 

Trap— B. F. Morgan, H. D. Hunt, G. W. Latham. 

Pickens Court House — Joseph Burnett, J. J. Morton, J. S. WickUffe.. 



STATE OF SOUTH CAROLINA, 
St. Paul's Paeish, September 5, 1865. 
We do hereby certify that at an election held on the -4th" inst., for a Dele- 
gate to the Convention to be held on the 13th inst., at Columbia, Isaac 
M. Dwight was duly elected for the Parish of St. Paul. 

B. E. KIDDELL, 
JAMES PERRY, 
JOSEPH TUCKER, 
Managers of Elections.. 






15 

STATE OF SOUTH CAROLINA, 

Barnwell District. 
By virtue of a Proclamation of his Excellency B. F. Perry, Provisional 
Governor of the said State, an election for four Members to represent the 
said District in a Convention to be convened in Columbia, on the 13th 
day of September, instant, was held. The polls were opened on Monday 
and the votes counted. On Wednesday, the Managers convened at $k& 
Court House and aggregated the votes, when it was found that A. P.. 
Aldrich received 228 votes; J. J. Brabham, 189; J. G. W. Duncan, 135; 
J. M. Whetstone, 75. 

The above named gentlemen having received the highest number oi 
votes were declared duly elected, and in testimony thereof we have given 
to them this return of election under our hands and seals, this 6th day of 
September, A. D. 1865. ■■ 

HAMPTON BRABHAM, 
ALEX. O'B. BAILEY, 
T. H. KIRKLAND, 
F. C. AYER, 
R. C. McMILON, 

A. BUIST, 

B. F. BROWN, 
LEW. F. HEST. 

Managers of Elections.. 



. STATE OF SOUTH CAROLINA, 

Union District, September 5, 1865. 
The undersigned, Managers of Elections for Union District, in the State 
aforesaid, do hereby certify that we held an election at our respective pre- 
cincts, on Monday, the 4th instant, for Members to the State Convention 
recently called by his Excellency Governor Perry; that said election 
resulted as follows : W. H. Wallace, T. N. Dawkins and W. J. Keenan. 
The gentlemen above-named, having received a majority of the votes, are 
declared duly elected. 

NATHAN HAWKINS, 

J. S. SIMS, Jr., 

ROBT. V. HARRIS, 

D. D. GOING, 

WM. R. A. THOMAS, 

F. W. EISON, 

P. P. HAMILTON, 

T. N. KELLY, 

H. P. McKISSICK, 

C, GIBBS. 



STATE OF SOUTH CAROLINA, 
St. Peter's Parish, September 6, 1865. 
We, the undersigned, Managers of an election held in St. Peter's Parish 
for a Delegate to the State Convention, after counting the votes taken at 
the poll's that were opened, do declare Henry C. Smart duly elected. 

GEORGE W. SMITH, 
B. THOMSON, 
R, H. JOHNSTON. 



16 

STATE OF SOUTH CAROLINA. 

Chestebftem) District. 
We, the undersigned, Managers of Elections for Chesterfield District. 
haying held an election on the 4th September, 1865, for Delegates to a 
Convention to be held in this State on the 13th September, 1865, do 
declare that Henry Mclver received 154= votes, and John A. Inglis received 
148 votes, being a majority of all the votes given. "We therefore declare 
the said persons duly elected. 

T. W. ROBESON. 

JOHN ELLIS, 

M. P. McNAIR. 

JAS. C. CHAPMAN. 

D. MATHESON. 

DANIEL WADSWORTH. 

THOS. H. WATSON, 

MICHAEL WATSON. 

JAS. P. HARRALL. 

D. B. McARN. 



STATE OF SOUTH CAROLINA, 

HOEBY DlSTEICT. 

We, the Managers of Elections for the State and District aforesaid, in 
obedience to the Proclamation of his Excellency Governor Perry, did, on 
the first Monday in September, A. D. 1865, open the polls and held an 
election for a Member to the State Convention, to meet in Columbia on 
the 13th inst., and we do hereby certify and declare that Joel B. Skipper. 
Sr., received a majority of 60 votes over all opposition. We therefore 
declare him duly elected. 
Witness our hands, at Conwayboro, September 5, 1865. 

THOMAS V AUGHT, 
EDWIN C. JAMES. 
J. S. ELLIOTT, 
J. H. NORMAN. 



, STATE OF SOUTH CAROLINA. 
Maeion Disteict, September 6. 1865. 
We, the undersigned, Managers of Elections for Marion District, do 
hereby certify that we have held the election for Delegates to the State 
Convention called by Governor B. F. Perry, in accordance with the Pro- 
clamation of said Governor, and according to law; and that, on counting 
the votes cast, we find that A. Q. McDufne, William T. Wilson and R. H. 
Reaves are duly elected. 

THOS. M. MUNNERLYN. 
A. CARMICHAEL. 
JOS. R. N. TENHET. 

w. c. McMillan, 
j. e. Mcknight, 
h. g. fladger, 

E. E. GREGG, 

J. N. STEVENSON. 

G. A. MclNTYRE. 



17 

STATE OF SOUTH CAROLINA, 
Camden, September 5, 1865. 
We, the undersigned, Managers of Elections for Kershaw District, do 
certify that Col. A. D. Goodwyn and Major L. W. R. Blair were duly 
elected Members to the State Convention, to be held in the city of Colum- 
bia on the 13th September, 1865. 

c. a. Mcdonald, 

W. D. ANDERSON, 
F. J. OAKS, 
JESSE TRUSDEL, 
FREDERICK BOWEN, 
J. H. VAUGHN, 
B. T. McCOY. 



STATE OF SOUTH CAROLINA, 
Clarendon Distbict, September 6, 1865. 
We, the Managers of Elections for Clarendon District, hereby certify 
that James McCauley received a majority of the votes for the State Con- 
vention, and we declare him duly elected. 

J. S: McFADDIN, 
J. C. STRANGE, 
JOHN J. CONYERS, 
JOHN O. MARTIN, 
R. M. HARVIN, 
HENRY KELLEY, 
WM. THEO. LESESNE. 



STATE OF SOUTH CAROLINA, 
Clarendon District, September 6, 1865. 
We, the Managers of Elections for Clarendon District, hereby certify 
that J. P. Richardson received a majority of the votes for the State Con- 
vention, and we declare him duly elected. 

J. S. McFADDIN, 
J. C. STRANGE, 
JOHN J. CONYERS, 
JOHN O. MARTIN, 
R. M. HARVIN, 
HENRY KELLEY, 
WM. THEO. LESESNE. 



STATE OF SOUTH CAROLINA, 

St. James', Goose Creek, Parish, 
Stjmmevtlle Polls, September 8, 1865. 
We, the undersigned, Managers of Election for one Member for the State 
Convention, do hereby certify that we held said election on Monday, Sep- 
tember 4th, 1865. On counting the votes we found that Dr. W. Moultrie 
Brailsford having received twenty-seven (27) votes, he was declared duly 
elected, and therefore is entitled to his seat in the State Convention. 

J. W. PRESCOTT, 
C. VOSE, 
L. E. STOPPELBEIN. 



INDEX 

TO THE 

CREDENTIALS OF MEMBERS OE THE .CONTENTION. 



A 

PAGE 

Abbeville District 3, 5 

All Saints' Parish 13 

Anderson District 6 

B. 

Barnwell District 15 

Berkeley District 7 

C. 

Charleston .' 11 

Chester District 11 

Chesterfield District 16 

Christ Church Parish 5 

Clarendon District. 17 

D. 

Darlington District 13 

E. 
Edgefield District ." 19 

F. 
Fairfield District 13 

G. 

Georgetown District 5 

Greenville District 12 

H. 

Horry District. . . . , < 16 



ii INDEX TO CREDENTIALS. 

PAGE 

Kershaw District 17 

L. 

Lancaster District 10 

Laurens District 7 

Lexington District 9 

k. 

Marion District 16 

Marlboro District 8 

N. 
Newberry District 8 

0. 
Orange Parish , IS 

P. 

Pickens District 14 

Prince George's. Winyah, Parish 5 

R. 

Richland District \ . . 6 

S. 

Spartanburg District 19 

St. Andrew's Parish 18 

St. Bartholomew's Parish 14 

St. George's, Dorchester, Parish 19 

St. James', Goose Creek, Parish 17 

St. James', Santee. Parish 19 

St. Matthew's Parish 18 

St. Paul's Parish U 

St. Peter's Parish .' 15 

St. Stephen's Parish 19 

St. Thomas' and St. Dennis' Parish 18 

Sumter District 9 

U. 

Union District 15 

W. 

Williamsburg District 10 

y. 

York District 12 



REPORTS 



OF THE 



VARIOUS STANDING COMMITTEES 



OF THE 



SOUTH CAKOLIM CONVENTION, 

SEPTEMBER, 1865. 



SPECIAL COMMITTEES. 



In the Convention, September 15, 1865. 

The Special Committee, to whom was referred the matter of the election 
of a Delegate to this Convention from the Parish of St. Luke, ask leave 
respectfully to report: That they have given a careful consideration to the 
same, and find the following to be the facts: 

The Parish comprises four election precincts, three of them on the 
main, to wit: Graham ville, Gillisonville and Fording Island Eoad, and 
one on Hilton Head Island, and is entitled to one Delegate in this Con- 
vention. 

On Monday, the 4th instant, the polls were opened at Grahamville, Gil- 
lisonville and Fording Island Road, by the legally constituted Managers 
for those precincts, the vacancies having been filled by special appoint- 
ments made in writing by the Senator and Representative lately repre- 
senting the Parish in the Legislature, as directed by Governor Perry's 
Proclamation of the 23d of August. These Managers assembled at the 
place designated by law for the counting of votes in the Parish, on Thurs- 
day, the 7th instant, being the day fixed by law, and there counted the 
votes and declared the election. Seventy-six votes appear to have been 
polled at these three precincts, of which Mr. Leroy F. Youmans received 
seventy-five. A certificate of election was thereupon furnished to Mr. 
Youmans, which he presents and claims the seat. 

On Hilton Head Island an election was also held on Monday, the 4th 
instant. This island, ordinarily polling ten or fifteen votes, and never 
known to exceed twenty, has been largely peopled since its occupation by 
the Federal army in November, 1861, by persons chiefly from the Northern 
States, who have brought their families with them, and have established 
themselves in various occupations and modes of business. These people 
appear to have earnestly desired to participate in the choice of a Delegate 
to this Convention, and, as your Committee believe, in good faith and with 
a proper purpose, believing themselves to be qualified voters. Being 
advised, after inquiry, that there was not on the island any of the legally 
constituted Managers for the island poll, and having failed in their efforts 
to reach the late Senator and Representative of the Parish, to procure a 
special appointment, they resorted to the expedient of appointing Man- 
agers by a public meeting. The Managers so appointed held the election 
and conducted it, so far as your Committee can learn, in close conformity 
with the existing regulations. The voters were only those who had been 
residents on the island for the two years preceding the election, and who 
had indicated a purpose of permanent residence, by bringing their families 
and establishing themselves in civil employments. They had also taken 
the Amnesty Oath. The Managers, acting on information which they had 
reason to think reliable, as to the proper day and place for counting the 
5 



votes, went to the proper place on the main, but on the day preceding the 
day fixed by law for the general assembling of the Managers; and there, 
ignorant of the fact that they were assembled in advance of the proper 
time, and doubtful as to whether the polls had been opened at any other 
precincts, they proceeded to count their poll and declare the election. At 
this poll eighty-two votes appear to have been cast, all of which were for 
Mr. David McGregor, to whom a certificate of election was furnished by 
these Managers. This certificate Mr. McGregor presents, and claims that 
he is entitled to the seat. 

To the regularity Of the election at the polls on the main no exception 
is taken by Mr. McGregor. He only claims that he has received a majority 
of the votes polled in the Parish, and that the irregularities, if any, which 
have attended his election, are not such as to vitiate it. 

On the other hand, it is objected by Mr. Youmans: 1. That the voters 
at the Hilton Head poll were not qualified voters according to the law of 
the State, because not citizens in the proper and legal acceptation of the 
term; and 2. That the poll was managed by persons unauthorized to hold 
the election, and was not counted and reported to the General Board of 
Managers on the day fixed by law for that purpose. 

Your Committee have not been, and cannot be, without much delay, 
furnished with the information necessary to determine the facts involved 
in the first exception; and as there is, in their judgment, enough in the 
second exception to .determine the question, they have confined their atten- 
tion to that alone. 

By the Proclamation of the President of the United States, the Provi- 
sional Governor of this State was authorized to call this Convention, and 
for that purpose to establish such "rules and regulations" as were neces- 
sary. In pursuance of this authority, Governor Perry, by Proclamation, 
ordered the "Managers of Elections throughout the State" to hold the 
elections and to conduct the same "according to the laws of South Caro- 
lina in force before the secession of the State." Managers of Elections 
are, in this State, recognized State officers, holding their appointments 
directly from the General Assembly, and liable to penalties for neglect or 
misconduct; and it will not be questioned that, in using the term, Governor 
Perry had reference to the Managers regularly appointed by the General 
Assembly. By a subsequent Proclamation, of August 23d, Governor Perry 
directs that in cases where there are no Managers of Elections, the mem- 
bers of the Legislature from the Election District shall appoint suitable 
persons. 

These were the "regulations" established by the Governor for the con- 
duct of the elections to this Convention, and it is, in the judgment of your 
Committee, a sufficient exception to the Hilton Head poll, that it was not 
managed in conformity to these regulations and to the law of the State. 
The Managers were unauthorized to act as such, having been appointed 
neither by the General Assembly nor by the Representatives of the Parish ; 
and in their management have failed to conform to that law of the State 
which required that they should meet the other Managers at the time and 
place fixed by law, for the purpose of counting the votes and declaring the 
election, after an exhibition of the results of the ballotings at the several 
precincts. It would open a door for much fraud and unfairness, if so great 
an irregularity should be countenanced as the meeting of the Managers of 
a single precinct, in advance of the day fixed by law for the general meet- 
ing, and the counting of the votes and declaring the election with reference 
alone to the votes at such poll ; and equally mischievous would be the 
irregularity of permitting polls to be managed by unauthorized persons, 
who are in no manner amenable to law for their conduct. Strict adherence 
in these particulars to the election laws your Committee think of the highest 



importance ; nor can such strictness, under any circumstances, work preju- 
dicially or harshly. Persons interested have only need to make timely 
efforts to procure the appointment of proper Managers for their poll, or, 
failing in this, to go to some adjacent precinct, where such Managers may 
be found. 

Your Committee are, for these reasons, of the opinion that the certificate 
presented by Mr. McGregor, based as it is alone upon the vote at the 
Hilton Head poll, cannot be recognized by this Convention. They have 
been very favorably impressed, and think it proper so to state, by his can- 
dor and unobtrusive deportment, and equally impressed by the evidence s 
of good faith and propriety of purpose which have characterized the efforts 
of his constituency to obtain a representation in this body. 

They respectfully recommend the adoption of the following resolutions : 

Resolved, That this Convention recognizes Mr. Leroy F. Youmans as 
the duly elected Delegate from the Parish of St. Luke, and that he is per 
mitted to sign the roll and take his seat in this Convention. 

Resolved, That a pay-bill shall issue to Mr. David McGregor for such 
allowance, including two days' attendance on the Convention, as may be 
due him according to the rule of compensation to be fixed by the Con- 
vention, 

Resolved, That the Convention do agree to the report. 
Bv order: 

JOHN T. SLOAN, C. C. 



In the Convention, September 14, 1865. 

The Special Committee, to whom was referred the credentials of Mr. 
James G. Thompson, the applicant for a seat in this Convention from St. 
Helena Parish, beg leave most respectfully to report : That after as careful 
and thorough an examination as, under the circumstances, they are able 
to make, they find the following to be the facts of the case : 

The voters of St. Helena Parish, on seeing the Proclamation of the Pro- 
visional Governor calling a Convention of the people of the State of South 
Carolina, were desirous of being represented in that Convention. On 
inquiry, they found that none of the legally appointed Managers of Election 
were in the Parish; that in fact no election had been held in that Parish 
since 1861, it having, during that year, fallen within the lines of the United 
States army, and continued so during the war. They thereupon addressed 
a communication to the Provisional Governor, stating the facts and asking 
him to appoint Managers of Election; he declined doing so, and referred 
them to the members of the Legislature from that Parish, as the proper 
persons to appoint such Managers. They then tried to find out who were 
members of the State Legislature from the Parish of St. Helena, but could 
not find them, and your Committee are not aware that there were any. 
As a last recourse, a meeting of the voters of the Parish was called on the 
29th August, 1865. At this meeting they proceeded to ballot for Managers 
of Election, and the following named persons were elected, as appears 
from the minutes of the meeting, viz : John Conant, Elisha Codding, and 
John Hunn. Elisha Codding having declined to serve, John Heacoek was 
substituted for him. On the 4th day of September, the day appointed, 
the Managers so elected proceeded to hold an election for a Delegate to 
this Convention. It appears that there are two election precincts in St. 
Helena Parish, one at Beaufort and the other on St. Helena Island. These 



\ 



Managers opened the polls at the usual place in Beaufort; they also carried 
the box to the other precinct, but no voters appeared at this second pre- 
cinct. The result of the election was that Mr. James G. Thompson 
received thirty-three votes, and Mr. H. G. Judd received five votes. They 
then gave Mr. James G. Thompson a certificate of election, and with this 
certificate he now presents himself, claiming a seat in this Convention. 

It appears to your Committee that the election was conducted fairly; 
that the Managers, though irregularly appointed, were sworn before they 
entered upon the discharge of their duties; that none were allowed to vote 
but those who were duly qualified as electors under the Constitution of the 
State, by having been residents of the State for two years, and of the 
Election District six months previous to the election; and that they were 
also required to show that they had complied with the provisions of the 
Proclamation of the Provisional Governor, by having taken the Amnesty 
Oath. It appears that the voters of St. Helena Parish had endeavored in 
every possible way to have Managers appointed in a regular manner, but 
failed; and that the present applicant was elected in good faith by bona 
fide citizens of the State of South Carolina. 

In view of these facts, your Committee respectfully recommend that Mr. 
James G. Thompson be allowed to enroll his name and take his seat as a 
Member of this Convention. 

Resolved, That the Convention do agree to the report. 
Bv order: 

JOHN T. SLOAN, C. C. 



COMMITTEE OF WAYS AND MEANS. 



In the Convention, September 26, 1865. 

The Committee of Ways and Means, to which was referred so much of 
the Governor's Message as respects providing for the expenses of the Con- 
vention, and also the resolutions of the Convention respecting the pay and 
mileage of Members and the compensation of Officers of the Convention, 
respectfully report: That they have considered the subjects referred to 
them. They find that there are no funds in the State Treasury, and that 
the St&te is without present means of providing for its expenditure. It is 
therefore necessary to make special provision to meet the expenses of this 
body. Your Committee have ascertained that there are certain funds in 
the possession of the President and Directors of the Bank of the State of 
South Carolina, and they propose to procure the temporary use of said 
funds, or of so much thereof as may be necessary to meet those expenses. 
These funds cannot be definitely appropriated to such purpose, and must 
be restored at the earliest period. Your Committee report herewith an 
Ordinance to authorize the said President and Directors to advance said 
funds to the use of the Convention, and requiring the General Assembly 
to refund the, same. The Committee further report that the arrangement 
made by them provides for the expenses of a session of fifteen days, 
which will consist of the following items : The pay and mileage of Mem- 
bers, the salaries of the Clerk, Messenger and Door-keeper of the Conven- 
tion. Your Committee recommend that the salary of the Clerk, according 
to a resolution adopted by the Convention, shall be the same as was the 
salary of the Clerk of the House of Bepresentatives in 1860 ; and that the 
salaries of the Messenger and Door-keeper shall be fixed at one-half of the 
sum paid in 1860 to similar officers of the House of Representatives, at the 
regular session. This, your Committee understand, will be satisfactory to 
those officers. Pay and mileage of the Attorney-General and Solicitors 
attending the Convention, by order of the Governor, to be the same as 
that of Members of the Convention ; pay to the Keeper of the State 
House, to be the same as that allowed to the Messenger of the Convention ; 
the Engrossing Clerk, the same per diem and mileage as that of a Member ; 
the cost of printing to be paid to the Printer of the Convention, according 
to the report of the Committee on Printing, to which must be added some 
incidental expenses which cannot be specified. The Governor having been 
authorized to advance the sum of five hundred dollars to a Special Mes- 
senger to be sent to Washington, your Committee recommend that said 
sum be included in the amount for which provision will be made under 
the Ordinance reported. The Committee further recommend that the 
various expenditures above referred to be settled for with currency of the 
United States. But as an advance in gold coin will be required in order 
to procure the necessary amount of currency, the Ordinance reported 



8 

provides for the restoration to the Bank of the coin so advanced, without 
diminution- or cost to the institution. The Committee further recommend 
that the funds raised be deposited in the Bank of the State of South Caro- 
Hbm, that the sum of five hundred dollars be subject to the draft of the 
Beam, and that the balance be -subject to the order or drafts of the 
iarf of this Convention. 

Resolved, That the Convention do agree to the report. 
Bv •;: 

JOHN T. SLOAN, C. C- 



In thb Co>-vb>-tio>-, September 27, 1865. 

The Committee of Ways and Means, to which was referred the contin- 
gent account of Theodo: - : report : That they have examined the 
same, and find it correct, it being for articles purchased for the use of the 
icafion. Taey recommend that it be paid Total, three hundred and 
thirty-nine dollars and forty eel 

i?>. red Th nvention do agree to the report. 

By order: 

JOES" T. SLOAN. C. C. 



COMMITTEE ON PRINTING. 



In the Contention, September 20, 1865. 

The Committee on Printing, to whom was assigned the duty of procuring 
such printing to be done as shall be required by the Convention, and 
superintending the proper execution of the same, beg leave to report : 
That they have discharged the duty assigned them ; that after due notice 
to such parties as were supposed capable of doing the work, they have 
received proposals, only, from Mr. Julian A. Selby, of this city. He pro- 
poses to do the printing of the Convention at the following rates : "One 
hundred and fifty copies of the daily Journal, Reports, Resolutions, &e.., 
(the temporary work, as it is termed,) at three dollars per printed page; 
the size of the page to be six-and-a-half by four inches, the paper to be of 
the first quality. Five hundred copies of the daily Journal, continued and 
paged, embracing the entire proceedings of the "Convention, (termed the 
"permanent work,") at five dollars per page; the whole to be stitched 
together, and the paper used to be of the best quality, and the entire 
work to be executed in a neat manner." 

Your Committee, believing that Mr. Selby is prepared to do the work as 
stated, and that the terms are sufficiently reasonable, recommend the adop- 
tion of the following resolutions : 

Resolved, That Mr. Julian A. Selby be appointed Printer to the Conven- 
tion during its present session, and that he be paid according to the rates 
above stated. 

Resolved, That the accounts of the Printer of this Convention shall be 
audited by the State Auditor, allowing him the rates above designated; 
and that the said accounts, when.so audited, shall be paid by such mode 
as this Convention shall prescribe. 

Resolved, That immediately after the Convention shall have terminated 
its present session, the several Ordinances, Reports and Resolutions adopted 
by it, together with the Journal of its proceedings, be printed in 
pamphlet form, and that five hundred copies be struck off for the use of 
the Convention, to be disposed of under the direction of the President 

Resolved, That the Convention do agree to the report and resolutions. 

By order: 

JOHN T. SLOAN, C. a 



COMMITTEE ON ORDINANCES AM) RESOLUTIONS. 



Is- tke CoNTES-noy. September 26, 1- 

The Committee on Ordinances and Resolutions., to which was referred a 
resolution to examine into the effect of the section of the Constitution 
requiring a six months residence in the District as a qualification for a 
member of the General Assembly, and those who have been obliged by the 
casualties of war to remain from* their Districts, ask leave to report: *The 
question submitted to the Committee is whether those persons who have 
been obliged by the casualties of war to remove from their Districts will be 
disqualified from taking and holding seats as members of the General 
Assembly, not having actually resided therein for six months previous to 
the election. 

NVhere one has an established domicil, a temporary absence, from neces- 
sity or choice, does not change it There must be an actual removal with 
an* intention to change. 

X: such case as the one referred to in the resolution has arisen. 
proba':> may not: but if it does, each branch of the General Assembly are 
made the judges of the qualifications of the members of their respe 
bodies, and to them it may safely be confided. They therefore ask to be 
discharged from the further consideration of the subject. 

Resolved, That the Convention 3c ^^ree to the rep:: 

Bv order: 

■JOHN T. SLQAK, C. C. 



Is xhr Cos vkstiox September 1 : 1 

The Committee on Ordinances and Resolutions, to which was referred 
certain resolutions in reference : : the General Assembly of this State giving 
its consent without delay. tc :_e amendment proposed by 

Congress to the. Constitution of the United States, prohibiting the 
ence of slavery. Dbftoifepecfe The proposed amend- 

ment to the Constitution of the United States in relation to. slavery is not 
properly before this Convention. It is true, as a condition precedent to 
the restoration of our rights in the Union, it is required that slavery be 
abolished. To that extent we acquiesce. TVe admit that slavery is afeabal 
and are ready to ordain that involuntary servitude shall not hereafter exiat 
but beyond that, :: k nbl flie lr_::imate province of this Convention to go. 

T-t C ^-:::;tion of the United States provides the manner in which 
amendments thereto are to be made, to wit : by referring them either to 
the Le e ^ Matures of the several States, or Con-^n:::;:^ thereof. The Con- 
proposing the amendment referred to have elected the mode of refer- 
ring it to the State Legislature?. 



11 

It is not desirable that this Convention should indicate what course the 
Legislature should pursue. "We have done what we considered our duty- 
required, and would leave to the Legislature the consideration of the pro- 
posed amendment, not doubting that they will promptly and in good faith 
faithfully discharge their duty. 

We therefore recommend that they do not pass. 

Resolved, That the Convention do agree to the report. 

By order: 

JOHN T. SLOAN, C. C. 



In Convention, September 20, 1865. 

The Committee on Ordinances and Eesolutions, to which was referred 
a resolution in relation to the Electors of President and Vice-President of 
the United States, respectfully recommend that the same do pass and that 
a copy thereof be furnished by the Clerk of this House to his Excellency 
B. F. Perry, Provisional Governor of this State. 

Resolved, That the election of Electors of President and Vice-Presi- 
dent of the United States should be made by the people of the State 
entitled to exercise the right of suffrage, and that the Provisional Governor 
be respectfully requested to communicate this resolution to the next Legis- 
lature. 

Resolved, That the Convention do agree to the report and resolution. 

By order: 

JOHN T. SLOAN, C. C. 



In the Convention, September 18, 1865. 

The Committee on Ordinances and Resolutions, to whom was referred 
resolutions in regard to the appointment of an agent to proceed to the city 
of Washington, for the purpose of ascertaining from the President the 
condition of the lands called "abandoned lands," and also, of giving aid 
to citizens of this State in their applications for pardon, beg leave to 
report : That they have carefully considered the same, and recommend for 
the adoption of the Convention the following resolutions : 

1. Resolved, That the Provisional Governor is hereby authorized and 
empowered to appoint a competent agent to Washington, to ascertain from 
the President what is the condition of the lands called "abandoned lands" 
in this State, and how long it will be before owners of such lands will be 
restored to the possession of their property. And to act as the agent of 
citizens of this State in their applications to the President of the United 
States for pardons, and for the restitution of their real and personal pro- 
perty ; and also, as agent of the Provisional Governor of this State in all 
matters which he may desire to bring through such agent before the Presi- 
dent or other officers of the United States Government. 

2. Resolved, That it shall be the duty of the aforesaid agent to report, 
fully, all his proceedings, and all the information he may obtain in regard 
to matters entrusted to his charge, to the Provisional Governor of the 



12 

State ; in order that the same may be laid by him before the Legislature 
at its first session. 

3. Resolved, That the Provisional Governor is hereby authorized to 
advance five hundred dollars to the aforesaid agent, from any funds which 
he may be able to command, for the purpose of defraying the expenses of 
said agent, and report the same to the Legislature as a charge against the 
State. 

Resolved, That the Convention do agree to the resolutions. 
By order: 

JOHN T. SLOAN, C. C. 



RESOLUTIONS. 



In the Convention, September 26, 1865. 

Resolved, That the Clerk of this Convention be charged -with the super- 
vision of the printing of the Journal, Keports, Resolutions and Ordi- 
nances, adopted by this Convention, in permanent form ; that he prepare 
and have printed with the same a complete index ; and that he be also 
charged with the distribution of the same, under the direction of the Pre- 
sident ; that he also shall prepare, and have substantially bound, a correct 
manuscript copy of the Journal, to be deposited in the Secretary of State's 
office. 

Resolved, That the Clerk be paid for said services, and for services as 
Clerk of the Convention, the same salary as was paid the Clerk of the 
House of Representatives in 1860. 

Resolved, That the Convention do agree to the resolutions. 

By order: 

JOHN T. SLOAN, C. C. 



In the Convention, September 25, 1865. 

Resolved, That a Commission, consisting of two persons, be appointed 
by his Excellency the Provisional Governor, to prepare and report to the 
next Legislature what laws will be necessajy and proper in consequence of 
the alterations made in the fundamental law, and especially to prepare and 
submit a Code for the regulation of labor, and the protection and govern- 
ment of the colored population of the State ; and that the Legislature 
fix the compensation of said Commissioners. 

Resolved, That the Convention do agree to the resolution. 

By order: 

JOHN T. SLOAN, C. C. 



In the Convention, September 16, 1865. 

Resolved, That the Engrossing Committee be authorized to employ one 
or more Clerks, as may be found necessary. • 

Resolved, That the Convention do agree to the resolution. 

By order: 

JOHN T. SLOAN, C. C. 



14 

In the Convention, September 15, 1865. 

Resolved, That Ordinances adopted by this Convention shall be en- 
grossed and then ratified, by being signed by the President and Clerk. 

Resolved, That the Convention do agree to the resolution. 
By order: 

JOHN T. SLOAN, C. C. 



In the Convention, September 27, 1865. 

Resolved, That the Hon. D. L. Wardlaw, the Hon. Alfred Huger, and 
the Hon. T. N. Dawkins, be a Committee to present to his Excellency the 
President of the United States the memorial of this Convention in behalf 
of the Hon. Jefferson Davis and A. H. Stephens, and of the Hon. A. G. 
Magrath and George A. .Trenholm, and that the expenses of said Com- 
mittee be defrayed out of the funds raised under the Ordinances of this 
Convention. 

Resolved, That the Convention do agree to the resolution. 
By order: 

JOHN T. SLOAN, C. C. 



In the Convention, September 27, 1865. 

Resolved, That a pay-bill do issue to Mr. John D. Alexander for the 
sum of thirty dollars, in compensation for his services in engrossing the 
Constitution of the State of South Carolina. 

Resolved, That the Convention do agree to the resolution. 
By order: 

JOHN T. SLOAN, C. C. 



In the Convention, September 27, 1865. 

Resolved, That the sum of two hundred dollars be appropriated as com- 
pensation for the use of the building in which the meetings of the Con- 
vention have been held. 



Resolved, 



By order: 

JOHN T. SLOAN, C. C. 



In the Convention, September 27, 1865. 

Resolved, That the General Assembly be requested to have the Consti- 
tution of the State adopted by this Convention, together with the several 
Ordinances and Resolutions passed, published with the Acts and Resolu- 
tions of the General Assembly, at its next session. 



15 

Resolved, That the Clerk of the Convention communicate this resolution 
to the General Assembly, at an early day of its session. 

Resolved, That the Convention do agree to the resolutions. 

By order: 

JOHN T. SLOAN, C. C. 



In the Convention, September 27, 1865. 

Resolved, That the Keeper of the State House take charge of the various 
articles procured for the use of the Convention, which have not been con- 
sumed, and hold them subject for the use of the General Assembly. 

Resolved, That the Convention do agree to the resolutions. 

By order: 

JOHN T. SLOAN, C. C. 



I* the Convention, September 27, 1865. 

Resolved, By the Delegates of the People of South Carolina, in Conven- 
tion assembled, that we endorse the administration of President Johnson ; 
that we cordially approve the mode of pacification proposed by him, and 
that we will co -operate with him in the wise measures he has inaugurated 
for securing peace and prosperity for the whole Union. 

Resolved, That the Convention do agree to the resolution. 

By order: 

JOHN T. SLOAN, C. C. 



In the Convention, September 27, 1865. 

Resolved, That the acknowledgments of the Convention are hereby cor- 
dially rendered to the Hon. D. L. Wardlaw, for the ability, dignity and 
elegance which he has exhibited in discharging the important and delicate 
duties of the Chair. 

Resolved, That the Convention do agree to the resolution. 
By order: 

JOHN T. SLOAN, C. C. 



INDEX 



TO THE 



REPORTS AND RESOLUTIONS 

ADOPTED BY THE CONVENTION. 



REPORTS OF SPECIAL COMMITTEES. 

PAGE 

On matter of election of Delegate from St. Luke's Parish 3 

On credentials of Delegate from St. Helena Parish 5 

REPORTS OF THE COMMITTEE OF WAYS AND MEANS. 

On Governor's Message, and resolutions in reference to providing for 

the expenses of the Convention 7 

On the contingent account of Theodore Stark 8 

REPORT OF THE COMMITTEE ON PRINTING. 

On procuring printing for the Convention 9 

REPORTS OF THE COMMITTEE ON ORDINANCES AND RESOLUTIONS. 

On resolution as to the effect of the section in the Constitution requiring 
a six months residence in the District as a qualification for a mem- 
ber of the General Assembly on those who have been obliged to 
remove by the casualties of war. . . v . 10 

On resolution in reference to prohibiting the existence of slavery 10 

On resolution in relation to the Electors of President and Vice-Presi- 
dent of the United States 11 

On resolutions in regard to the apiDointment of an Agent to proceed to 
Washington, etc 11 

RESOLUTIONS. 

Instructing the Clerk of the Convention to perf orm certain services . . 13 
Appointing a Commission of two persons to report to the next General 

Assembly what laws will be necessary, &c 13 

Authorizing the Engrossing Committee to employ. Clerks 13 

Directing the mode of ratifying Ordinances adopted 14 



ii INDEX TO REPORTS AND RESOLUTIONS. 

PAGE 

Appointing a Committ«e to present to the President of the United 
States memorials in behalf of the Hon. Jeff. Davis, Hon. A. H. , 
Stephens, Hon. A. G. Magrath and Hon. George A. Trenholm.. . . 14 

Ordering pay-bill to be issued to John D. Alexander 14 

Appropriating a certain sum as compensation for the use of building in 

which the Convention held its meetings 14 

Requesting that the Constitution, Ordinances and Resolutions adopted 
by the Convention be published with the Acts, &c. , of the next 

General Assembly 14 

Directing the Keeper of the State House to perform certain service ... 15 

Endorsing the administration of President Johnson, &c .* 15 

Acknowledgements of the Convention rendered to Hon. D. L. Ward- 
law, President of the Convention 15 



ORDINANCES 



OF THE 



CONVENTION OF THE PEOPLE 



OF THE 



STATE OF SOUTH CAROLINA, 

SEPTEMBER, 1865. 



ORDINANCES 



The State op South Carolina. 

At a Convention of the People of the State of South Carolina, begun 
and holden at Columbia, on the thirteenth day of September, in the 
year of our Lord one thousand eight hundred and sixty-five, and 
thence continued, by divers adjournments, to the twenty-seventh day 
of the same month and year. 

I 
AN ORDINANCE to Provide for the First Ensuing Election op Gov- 
ernor and Lieutenant-Governor, and for Members op the First 
Ensuing General Assembly op the State op South Carolina. 

I. 1^e, the People of the State of South Carolina, by our Delegates in Con- 
vention met, do ordain, That on the third Wednesday in October ' next, 
elections shall be held for the offices of Governor and Lieutenant-Governor 
of the State of South Carolina, and for Members of the Senate and House 
of Representatives of the General Assembly of the State. 

II. That the Managers of Elections throughout the State shall give pub- 
lic notice of such elections, and on the day indicated shall open separate 
polls at their respective precincts for each of the said elections, and shall 
conduct the same, in all respects, in accordance with the laws and usages 
of this State. In case there be no regularly appointed Managers at any 
precinct, said elections shall be held and conducted by Managers for that 
purpose specially appointed by a majority of the persons who are now the 
Delegates of this Convention from the District in which such precinct lies, 
and vacancies among the Managers shall be in like manner rilled. 

LTI. In the elections to the General Assembly, the Districts of Beaufort, 
Colleton, Orangeburg and Berkeley shall each elect one Senator, and on 
general ticket as many Members of the House of Representatives as were 
assigned by the last apportionment to the several Parishes comprised in 
each. The District of Georgetown shall elect one Senator and three Rep- 
resentatives. The District of Horry shall elect one Senator and two Rep- 
resentatives. The Election District of Charleston shall elect two Senators 
and twenty Representatives; and all other Districts shall elect each one 
Senator and as many Representatives as were assigned to each by the last 
apportionment. 

IY. That immediately after closing the polls, the Managers shall count 
the votes polled, and after making returns thereof, showing the number of 
votes polled for each person, shall certify the same under their hands, and 
appoint one of their number to cany such returns, with a list of the voters, 
and report the same to the general meeting of the Managers of the Dis- 
trict; which general meeting shall be held at the Court House of the Dis- 
trict on the day following the election; except that the Managers for the 



Election District of Berkeley shall hold their general meeting at the city 
of Charleston, on the second day following the election, at 2 o'clock P. M. 
And the Managers, when so assembled in general meeting, shall, after 
ascertaining the result of the several returns, proceed to declare the election 
of Members of the General Assembly, and shall furnish certificates, under 
their hands, of such elections to the persons entitled thereto. 

Y. That the Members so elected shall meet in General Assembly, in 
special session, at Columbia, on Wednesday, the twenty-fifth day of Octo- 
ber next. 

VI. That the Managers, when so assembled in general meeting, shall 
make separate returns of the results of the ballotings for Governor and 
Lieutenant-Governor, shall certify the same to the Secretary of State, 
under their hands, and shall f orward to him such returns, each in a sepa- 
rate sealed envelope, appropriately endorsed, by a Messenger to be by them 
appointed for that purpose, who shall be by them sworn to deliver and 
shall deliver the same, with the seals unbroken, to the Secretary of State, 
at Col umbia, on or before the fourth Monday of November next. 

VU. That the Secretary of State shall, at such time as they may be 
required of him, deliver said returns to the Speaker of the House of Rep- 
resentatives, who shall, during the first week of the regular session, open 
and announce the said returns, declare the election, and order the entering 
of the same on the Journal of the House. 

VJJJL That the Messengers shall be entitled to receive out of the Trea- 
sury of the State a compensation equal to five dollars per diem, and twenty 
cents per mile going to and returning from Columbia — the. number of days 
and miles to be ascertained by the Secretary of State, who shall certify 
pay-bills therefor. 

IX. That the Clerk of the Convention shall order the immediate printing 
of one thousand copies of this Ordinance, and forthwith distribute the 
same to the Managers of Elections throughout the State. 

Done at Columbia, the twenty-seventh day of September, in the year 
of our Lord one thousand eight hundred and sixtv-five. 

D. L. WABDIiAW, 
President of the Convex. 

Attest : John T. Sloan, 

Clerk of the Convention. 



The State of South Carolina. 

At a Convention of the People of the State of South Carolina, begun 
and holden at Columbia, on the thirteenth day of September, in the 
year of our Lord one thousand eight hundred and sixty-five, and 
thence continued, by divers adjournments, to the twenty-seventh day 
of the same month and year. 

AN ORDINANCE to declare in force the Constitution and Laws 

HERETOFORE IN FORCE IN THIS STATE, AND THE ACTS, OFFICIAL, PUBLIC AND 
PRIVATE DONE, AND APPOINTMENTS AND ELECTIONS MADE UNDER AUTHORITY 
OF THE SAME. 

I. We, the People of (lie State of South Carolina, by on?" Delegates in Con- 
vention met, do ordain, That the Constitution of this State, as ordained and 
established by the People in Convention, at Charleston, on the eighth day 
of April, in the year of our Lord one thousand eight hundred and sixty- 
one, is in force, except as amended or altered by this Convention. 



II. That all laws, orders, resolutions and rules, ascertaining the rights 
of persons, natural or artificial, or regulating proceedings in the ; Courts 
of Law or of Equity, which were of force in this State on the nineteenth 
day of December, in the year of our Lord one thousand eight hundred 
and sixty, are now in force, and shall so continue until altered, modified, 
repealed or avoided by proper State authority, except in so far as the same 
or any of them have or has been, since that time, so altered, modified, 
repealed or avoided. 

III. That all Acts and Resolutions of the General Assembly of this State, 
which have been passed, adopted or ratified, since the nineteenth day of 
December, in the year of our Lord one thousand eight hundred and sixty 
aforesaid, are now in force, and shall so continue until altered, modified, 
repealed or avoided by proper State authority, except such as have expired 
by their own limitation, or by reason of the cessation of the causes which 
occasioned their enactment ; not, however, including within this exception 
the Act of Assembly prohibiting the collection of debts, usually known as 
the Stay Law. Provided, however, That all laws, resolutions, orders or 
rules, embraced within the terms of this and preceding sections, which 
recognize the existence of slavery and regulate the relations of master and 
slave, and define and enforce the rights and duties growing thereout, or 
create and punish offences against such rights or against the public policy 
of the State in reference to slavery, have become of no further or future 
force or effect, by reason of the extinction of slavery. 

IV. That all official acts in the Executive and other Departments of the 
Government of this State, judicial proceedings, rules of Court, sales, con- 
veyances, contracts, obligations, instruments of writing and transactions 
affecting rights of person or property, had, made, executed or incurred, 
since the nineteenth day of December, in the year of our Lord one thou- 
sand eight hundred and sixty, have, and shall continue to have, in all 
respects, the same force, effect and validity, as if the same had been made, 
executed or incurred during a time of peace, and as if the Ordinance of 
Secession had not been passed : Provided, That in every action arising on 
any contract, whether under seal or parole, written or oral, made between 
the first day of January, in the year of our Lord one thousand eight hun- 
dred and sixty-two, and the fifteenth day of May, in the year of our Lord 
one thousand eight hundred and sixty-five, it shall be lawful for either 
party to the action to introduce testimony showing the true value and real 
character of the consideration of such contract at the time it was made, 
so that regard being had to the particular circumstances of each case, such 
verdict or decree may be rendered as will effect substantial justice between 
the parties: And provided further, That all prosecutions now pending 
under any Act or Acts of the General Assembly, passed to aid or assist in 
the war against the United States, shall be discontinued. 

V. The General Assembly of this State is hereby forever prohibited from 
passing any law imposing civil disabilities, forfeiture of property, or of 
other rights, or punishment of any kind, on any citizen or resident of this 
State, or person owning property herein, for the relation of such citizen, 
resident or person to, or his or her conduct in reference to the late secession 
of this State from the Federal Union, or the war which grew out of the 
same, or for any participation, aid, counsel or assistance therein. 

VI. The Judges of the several Courts in this State, and other judicial 
officers, the Attorney-General and Solicitors, President and Directors of 
the Bank of the State of South Carolina, the Secretary of State, Commis- 
sioners of the Treasury, Surveyor- General, and all District and other officers 
who derive their authority from or under the Executive, Legislative or 
Judicial Departments, who were holding and exercising office before and 
on the twenty-sixth day of April last, or had before that day been elected 



6 

thereto, are, in the regard of the State, (except where vacancies have since 
occurred, or may occur by reason of death, expiration «of term, or other- 
wise, under the laws of the State,) still holding their respective offices, 
and are entitled to hold and exercise the same by the original tenure 
thereof, for the residue of the terms for which they were severally elected 
or appointed: Provided, however, That every person so holding office has 
heretofore taken and subscribed, or shall, before tne first day of December 
next, take and subscribe before some officer properly authorized to admin- 
ister the same, the oath prescribed and required in the Proclamation of 
his Excellency Andrew Johnson, President of the United States, of the 
twenty-ninth day of May last, commonly called the ''Amnesty Pro- 
clamation;" and upon failure to comply with the requirements of this 
proviso, the office of such person shall be thereupon vacant, and shall be 
filled in the manner provided by law in cases of vacancy otherwise occur- 
ring. 

Done at Columbia, the twenty-seventh day of September, in the 
year of our Lord one thousand eight hundred and sixty-five. 

D. L. WAKDLAW, 
President of the Convention. 
Attest : John T. Sloan, 

Clerk of the Convention. 



The State of South Carolina. 

At a Convention of the People of the State of South Carolina, begun 
and holden at Columbia, oil the thirteenth day of September, in the 
year of our Lord one thousand eight hundred and sixty-five, and 
thence continued, by divers adjournments, to the twenty-seventh day 
of the same month and year. 

AN ORDINANCE to Provide for the Expenses of the Convention. 

I. We, the People of the State of South Carolina, by our Delegates in Con- 
vention met, do ordain, That the President and Directors of the Bank of 
the State of South Carolina be, and they are, hereby authorized to advance 
to the use of the State from any funds now in their iDossession and under 
their control, a sum not exceeding thirteen thousand dollars in gold coin; 
and the faith and credit of the State are hereby pledged for the repayment 
of the said sum in gold coin, to the said President and Directors. And 
the said sum so advanced shall be subject to the order of this Convention. 
That the General Assembly of this State shall, at its next session, provide 
for the repayment of the said sum of thirteen thousand dollars in gold 
coin, with interest, to the said President and Directors of the Bank of the 
State of South Carolina. That for the sum or sums to be advanced under 
this Ordinance, a certificate or certificates shall be issued, signed by the 
President of this Convention, in the form following, that is to say: ' ' The 
State of South Carolina. Be it known that there is due from the State of 
South Carolina to the President and Directors of the Bank of the State of 

South Carolina, the sum of in gold coin, to be paidto the 

said President and Directors, with interest from the date hereof, within 
six months from the date of this certificate; the said sum having been 
advanced to the use of the State, under an Ordinance of the Convention 
of the People of the State, convened at Columbia on the thirteenth day 
of September, in the year of our Lord one thousand eight hundred and 



sixty-five. Done at Columbia, this clay of , in the year of 

our 'Lord one thousand eight hundred and sixty-five." Which certificate 
or certificates so executed shall be binding upon thp State, and payable 
out of its Treasury. 

Done at Columbia, the twenty-seventh day of September, in the 
year of our Lord one thousand eight hundred and sixty-five. 

D. L. WARDLAW, 
President of the Convention, 
Attest: John T. Sloan, 

Clerk of the Convention. 



The State of South Cakolina. 

At a Convention of the People of the State of South Carolina, begun 
and holden at Columbia, on the thirteenth day of September, in the 
year of our Lord one thousand eight hundred and sixty-five, and 
thence continued, by divers adjournments, to the nineteenth day of 
September, in the same year. 

AN ORDINANCE to Repeal the Ordinance of Secession. 

. I. We, the People of the Stale of South Carolina, ty our Delegates in Con- 
vention met, do ordain. That the Ordinance adopted by us in Convention 
on the twentieth day of December, in the year of our Lord one thousand 
eight hundred and sixty, entitled an ' c Ordinance to dissolve the Union 
between the State of South Carolina and other States united with her, 
under the compact entitled ' The Constitution of the United States of 
America,' " is hereby repealed. 

Done at Columbia, the nineteenth day of September, in the year of 
our Lord one thousand eight hundred and sixty-five. 

D. L. WARDLAW, 
President of the Convention. 
Attest: John T. Sloan, 

Clerk of the Convention. 



The State of South Carolina. 

At a Convention of the People of the State of South Carolina, begun 
and holden at Columbia, on the thirteenth day of September, in the 
year of our Lord one thousand eight hundred and sixty-five, and 
thence continued, by divers adjournments, to the twenty-seventh day 
of the same month and year. 

AN ORDINANCE to Divide the State into Four Congressional Dis- 
tricts. 

I. We, the People of the State of South Carolina, by our Delegates in Con- 
vention met, do ordain, That the State of South Carolina shall be, and the 
same is, hereby divided into four Congressional Districts, as follows, 
namely: First Congressional District, to be composed of the Judicial 
Districts of Lancaster, Chesterfield, Marlborough, Darlington, Marion, 



Horry, Georgetown, Williamsburg, Sumter, Clarendon and Kershaw; 
Second Congressional District, to be composed of the Judicial Districts of 
Charleston, Colleton,, Beaufort and Barnwell; Third Congressional Dis 
trict, to be composed of the Judicial Districts of Orangeburg, Edgefield, 
Abbeville, Lexington, Newberry, Richland and Fairfield ; and the Fourth 
Congressional District, to be composed of the Judicial Districts of Ander- 
son, Pickens, Greenville, Laurens, Spartanburg, Union, York and Chester. 
II. That until the next apportionment be made by the Congress of the 
United States, each of the said Congressional Districts shall be entitled to 
elect one Member to represent this State in the Congress of the United 
States. 

Done at Columbia, the twenty-seventh day of September, in the 
year of our Lord one thousand eight hundred and sixty-five. 

D. L. WARDLAW, 
President of the Convention. 
Attest: JohnT. Sloan, 

Clerk of the Convention. 



\ 



INDEX 



ORDINANCES ADOPTED BY THE CONVENTION, 



To provide for the first ensuing election of Governor and Lieutenant- 
Governor, and for Members of the first ensuing General Assembly 

of the State of South Carolina *. 3 

To declare in force the Constitution and laws heretofore in force in this 
State, aud the Acts, official, public and private done, and appoint- 
ments and elections made under authority of the same 4 

To provide for the expenses of the Convention 6 

To repeal the Ordinance of Secession 7 

To divide the State into four Goncnressional Districts 7 



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